Talk me through getting an emergency child arrangements order

[YourHelpRequiredPlease]

Just that really.

I had a look online but I'm confused. Do both parties just have to turn up and apply and be seen that day. What if the other party won't come along?

[GoJetterGirl]

Only one party needs to make the application. You can apply for an ex-parte application if you feel that the other side won't turn up, or there are reasons such as DV etc.

If the application is not heard ex-parte and the other side does not turn up, then an order can be made in their absence which will then be served upon them.

You apply as normal using the Urgent hearing box and informing the court when you file the paperwork.

I'd recommend asking this post to be moved to legal tho, when I was at Uni studying law (ages ago!) CAO's were called Residency Orders, so my memory and knowledge is a bit sketchy to say the least!

[YourHelpRequiredPlease]

Thanks GoJetter.

I will get it moved over.

I need to do something urgently as it relates to Christmas contact. It should not require us going to court but because my ex will not agree on final arrangements I don't know what else can be done.

[GoJetterGirl]

The court will want to know what current arrangements are and what you are both proposing as being fair.

They will also want to know what lastvyears arrangements were and other important factors such as age of the child, if they are old enough to have an opinion on contact etc, unfortunately, this time of year does bring a lot of applications of this sort due to failure to make solid arrangements previously and in good time.

[YourHelpRequiredPlease]

Thanks GoJetter.

So we present the case briefly and they decide very quickly?

Believe it or not I have been trying to make arrangements for a very long time but ex refuses to play fair

[GoJetterGirl]

Brief is always best, the court also can't stand "he said, she said" so factual need to know info only... present case quickly, they will more than likely adjourn for a short while then give the order.

[YourHelpRequiredPlease]

I rang the court and they said there is a strong chance the hearing wouldn't be scheduled before Christmas. Looks like I might be left to sort this myself, but I also spoke with my lovely solicitor who has reassured me I am being perfectly reasonable and if my ex continues like this at some stage in the future he may find the court comes down hard on him.

[GoJetterGirl]

Good, let him dig his own hole... keep accurate records of conversations, communicate via text or email where possible...

[3xcookedchips]

"at some stage in the future he may find the court comes down hard on him."

What does she mean by this? Quite a curious comment from a family law solicitor.

He's not going to get fined, imprisoned so what kind of punishment does she foresee?