Final hearing what happens next?

[hazemaze]

One overnight is agreed at final hearing. its reasonable to request more overnights in the future i should think. Does anyone know if this would involve yet another application to the court if the mother does not agree to more overnights than what was agreed at the final hearing? Cheers for replies. Getting sparse these days

 

[Ash]

Hi. Yes if she doesn’t increase time you’d need to apply to vary in future. It’s best to wait at least 10 months to a year though, and during that time, build up evidence of your polite, reasonable message requests and discussions and her refusals or non responses. It’s important that any messages you send are child focused and with a polite/friendly tone. As they will count in your favour. So rather than just saying “I’d like to have a full weekend now please”. You’d say something like “Jimmy is doing great at football and his reading and writing is coming along - I’ve been playing various games either him with words and numbers as well. He is very happy generally and am requesting we increase his time with me now, from Saturday 5pm to Sunday 5pm weekly to include Wednesday from school to Thursday school drop off, and then after three months, change the weekends to alternate weekends Friday from school to Sunday 5pm. Please can you let me know if this is agreed.”

Sorry if you haven’t been getting many responses. There are plenty on other threads.

 

[hazemaze]

Hi. Yes if she doesn’t increase time you’d need to apply to vary in future. It’s best to wait at least 10 months to a year though, and during that time, build up evidence of your polite, reasonable message requests and discussions and her refusals or non responses. It’s important that any messages you send are child focused and with a polite/friendly tone. As they will count in your favour. So rather than just saying “I’d like to have a full weekend now please”. You’d say something like “Jimmy is doing great at football and his reading and writing is coming along - I’ve been playing various games either him with words and numbers as well. He is very happy generally and am requesting we increase his time with me now, from Saturday 5pm to Sunday 5pm weekly to include Wednesday from school to Thursday school drop off, and then after three months, change the weekends to alternate weekends Friday from school to Sunday 5pm. Please can you let me know if this is agreed.”

Sorry if you haven’t been getting many responses. There are plenty on other threads.

Would applying to vary an order get finalised quicker than the child arrangment battle? What I mean is would it be a quick done thing even if the mother didn't agree to the variations? It's not going to take 2/3 years is it?

 

[Another disposable father]

Would applying to vary an order get finalised quicker than the child arrangment battle? What I mean is would it be a quick done thing even if the mother didn't agree to the variations? It's not going to take 2/3 years is it?

I suppose it depends on the complexity of variation e.g whether it's going from 1 nights to 2 nights or whether it's effectively changing the child's residence and whether or not it's 'contested' - but you wouldn't be in court if it were not contested. The latter will probably require a section 7 etc. Assuming it's the former, there should be fewer hearings and hopefully a bit quicker. It's good you have some overnights in the meantime

 

[Ash]

An application to vary is a C100 again. The difference is you already have an existing order. So the process won't be quick like an urgent hearing. There will be the usual Cafcass phone calls and then a first hearing to see if agreement can be reached and then a final hearing. It could be as short as six months or it could take longer. But I doubt it would be anything like 2 years when you already have an order.