Hi All,
A final order has been made. The order doesn’t consider arrangements for school and the order cited the child’s young age as a factor when making the decision. My barrister’s advice was to wait until before school begins to return to court. Given the protracted time taken to go through the court process, and given the requirement to build up time so that a settled living arrangement is in place before school starts (in 20 months’ time), I am minded to return to court earlier than advised. If we return to court in the summer, 1 year will have passed.
The order was breached by mother within 3 months of the final order being made. This related to a medical issue that was the subject of a SIO. It is the second clear breach but the first breach of the final order (the previous breach was a breach of the interim order and related to withholding our child). The final order is a “lives with mother” order. My hope is that the quantum of time will be 50/50 (and a “lives with both” order) before school starts.
The existing final order states that mother must not unreasonably object to holidays abroad with father. Permission has not been given for one such holiday so far (no response was given, just ignoring messages on the parenting app). Mother refuses to communicate on matters such as toilet training etc (there’s a general resistance to co-parenting and positive communication). Another holiday is coming up in the summer, no response from her on that one yet either but I will 100% go to court to ensure that holiday happens. If I do go to court for a Specific Issues Order for the holiday then 1 year will have passed since the final order was made.
So my question is: do I need to submit and enforcement application for the medical-related SIO? Do I need to also submit a variation for a change in child arrangements? And do I need to submit a SIO for the holidays alongside it?
So is that 3 separate applications (that presumably get rolled into one hearing)? If so, does I use the previous court bundle again but just add to it? What forms do I submit?
The other issue is that mother has removed child from nursery for no good reason so now I have to take child into nursery during the 2 days per week that child is in my care. There is disagreement on nursery, if mediation fails (and I’ll of course attempt mediation first), could this be the subject of a (second) SIO? I don’t suppose things like nursery decisions fall under the umbrella of “child arrangements”? Or do they? I know fine well my old solicitor wouldn’t know the answer to this either - clueless.
I’m hopefully going to avoid using a solicitor. They just rinse you dry. Maybe I’ll use a DAB.
I could maybe request that a district judge hears this as magistrates are fairly soft and useless
A final order has been made. The order doesn’t consider arrangements for school and the order cited the child’s young age as a factor when making the decision. My barrister’s advice was to wait until before school begins to return to court. Given the protracted time taken to go through the court process, and given the requirement to build up time so that a settled living arrangement is in place before school starts (in 20 months’ time), I am minded to return to court earlier than advised. If we return to court in the summer, 1 year will have passed.
The order was breached by mother within 3 months of the final order being made. This related to a medical issue that was the subject of a SIO. It is the second clear breach but the first breach of the final order (the previous breach was a breach of the interim order and related to withholding our child). The final order is a “lives with mother” order. My hope is that the quantum of time will be 50/50 (and a “lives with both” order) before school starts.
The existing final order states that mother must not unreasonably object to holidays abroad with father. Permission has not been given for one such holiday so far (no response was given, just ignoring messages on the parenting app). Mother refuses to communicate on matters such as toilet training etc (there’s a general resistance to co-parenting and positive communication). Another holiday is coming up in the summer, no response from her on that one yet either but I will 100% go to court to ensure that holiday happens. If I do go to court for a Specific Issues Order for the holiday then 1 year will have passed since the final order was made.
So my question is: do I need to submit and enforcement application for the medical-related SIO? Do I need to also submit a variation for a change in child arrangements? And do I need to submit a SIO for the holidays alongside it?
So is that 3 separate applications (that presumably get rolled into one hearing)? If so, does I use the previous court bundle again but just add to it? What forms do I submit?
The other issue is that mother has removed child from nursery for no good reason so now I have to take child into nursery during the 2 days per week that child is in my care. There is disagreement on nursery, if mediation fails (and I’ll of course attempt mediation first), could this be the subject of a (second) SIO? I don’t suppose things like nursery decisions fall under the umbrella of “child arrangements”? Or do they? I know fine well my old solicitor wouldn’t know the answer to this either - clueless.
I’m hopefully going to avoid using a solicitor. They just rinse you dry. Maybe I’ll use a DAB.
I could maybe request that a district judge hears this as magistrates are fairly soft and useless