My DH and his ex are both LIP in the application his ex made to vary/discharge the order regarding contact for DH DS (10).
The application was vague as to exactly what exW was applying for, and at the consolidation hearing, the CAFCASS officer told DH that his exW position was that "her head" knew that their DS should have contact but "Her heart" didn't want him to. DH used the first hearing to try to get his DS some physiological support as recommended by the school and GP, which his exW had refused, but the court didn't make an order in DHs favour (although they strongly suggested that his ex should agree), mainly based on the CAFCASS advice given.
Since then, the court has directed a wishes and feelings report and for both DH and his ex to attend SPIP. They have another Directions hearing coming up.
DH hasn't seen anything of his DS for 6 months now, and indirect contact is also being disrupted and he's decided that enough is enough - it's not fair on his DS to continually be dragged through the mill, and he knows his ex won't go along with anything the court orders unless she agrees with it anyway - the reason this application was made is because exW wanted DH to agree to her decision to withhold contact; when he didn't agree, she withheld contact anyway, and applied to court.
DH wants to agree to whatever his ex is proposing and for the court to issue an "order by consent" to that effect - but without solicitors on either sides, how can he propose that prior to the hearing?
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Order by consent - how to get one?
17 replies
FrogbyAnotherName · 22/03/2014 14:01
OP posts:
babybarrister ·
23/03/2014 21:37
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