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Amending a Residency Order

(5 Posts)
mumtobealloveragain Mon 10-Feb-14 16:27:41

Posting here and in legal. Thought some of you step parents might have first hand experience of residency/contact orders. smile

Ex and I have a "by consent" shared residency order. There's a few fuzzy areas and it needs to be more specific and less ambiguous.

He's having a rare moment of being half reasonable about the kids (being an arse about our jointly owned property though).

Anyway. We've both agreed a number of amendments to be made. I want to use this opportunity as he's likely to be difficult about the kids/ gaps in clarity of the order again sometime soon as he has done so many times so it makes sense to get it tied down now whilst he's agreeable.

How do we amend an existing order if we both agree? I'm thinking surely I don't need to complete a C100, make the application, wait for a hearing and all attend Court just to make a few tweaks? Is there another way? Can we co sign a letter and make an application with the letter and current order and make an application for a it to be rewritten with amendments?

Any advice greatly received!

MsColour Mon 10-Feb-14 20:36:07

Don't know but I'd be interested in replies as my ex is on about amendments to our court order.

Frogbyanothername Mon 10-Feb-14 23:14:48

The "other way" is just to agree it between you - if you want the assurance of the Courts backing, you have to follow the process, as far as I know!

lostdad Tue 11-Feb-14 10:26:20

The bottom line that only a court order is enforceable (and even then sometimes not). Which means the only way of doing things would be to submit an application, agree a draft order with the ex and ask it to be made into an order.

Although to be honest I don't think the court would actually be very amused with that because the no order principle means the court would only make an order when it had to do if you're both being reasonable there is no need to be.

You could consider getting the agreement with your ex documented while the going is good - evidence in black and white to keep in abeyance if it does go pear-shaped but even then if worst comes to the worst you'd have to go to court, use it to back up your argument and end up whatever you convince the court to order.

Mynabrid Tue 11-Feb-14 18:33:54

You don't need to go to court physically, I don't think. An order by consent, as far as I'm aware, has the same powers as an order made on instruction by the courts when parents have not been able to agree. They are both enforceable. I'm pretty sure you don't need to fill out a c100, I think you can just get a solicitor to draft another order, get him/his solicitor to confirm in writing that it is agreed and send it into the court for endorsement. Speak to a solicitor as they will usually give you a free consultation and explain the process. Most are now understanding that not everyone is able to pay due to legal aid only being available in very specific circumstances. If you do have to make an application it would be a specific issues application to vary an existing order for which you do need to fill out a c100 but you may only have to do this if you are not in agreement.

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