Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

court order says

17 replies

OnlyWantsOne · 16/09/2010 14:16

Court Order says "by mutual consent" - so if a 3rd party has proposed some thing which I dont consent to, I cant be forced to do it??

But I can respond with my suggestions, and alterations, yes?

OP posts:
mumblechum · 16/09/2010 14:17

More details pls!

Is this a family matter? In which case, the mutual consent bit refers to the parties themselves, no one else.

OnlyWantsOne · 16/09/2010 14:22

yes family court, over contact... just had a "contact agreement" drafted by a cafcass officer, who is named on the court order on a family assitance order for a period of 6 months

however what he suggests just isnt practical, and I dont believe is in my child's interests, I think it is moe to fulfill his expecations on a time line

The reality is much different from what he has written and he is suggesting that I sign it, which I dont want to do.

OP posts:
Madascheese · 16/09/2010 14:27

I think if you have received a court seale order then you have the order you can't chang it.

But is there a context?, is it a draft order for agreement?

OnlyWantsOne · 16/09/2010 14:36

court order says by mutual consent, what has been suggested is not in court order, has been drafted since - it is this i disagree with and do not consent to

OP posts:
mumblechum · 16/09/2010 14:41

Well, if you are not happy with it, certainly don't sign it.

I suggest that you write back to the cc officer listing exactly how you want it to be changed. You should copy your ex/his solicitors in on your letter.

Madascheese · 16/09/2010 14:47

you don't sign court orders though, if the court has give you an 'order' you have to comply.

If you are talking about an agreement, and you don't agree, then write back stating your reasons and then it probably will have to go before a judge for a decision.

OnlyWantsOne · 16/09/2010 15:45

oh joy, thank you

OP posts:
Madascheese · 16/09/2010 15:48

Oh sorry, I'm a bit snippy sounding today it's a nightmare and you have lots of sympathy from me.

Been there, done it..framed the final court order.

But it is worth fighting if you really beleive things are wrong.

I generally point people at the wikivorce at there are lovely people over there as well who are really experienced, they helped me loads.

Good luck

OnlyWantsOne · 16/09/2010 15:56

Its not the actual court order im talking about, just an email from a bloody jobs worth CC officer trying to rush things along on his own time frame, which isnt going to help DD (or me) that I disagree with... wasnt getting at you... :) promise

OP posts:
Madascheese · 16/09/2010 16:44

No - I didn't think you were, I was apologising because I just thought I was being a bit unsymapthetic, In my defence, I've had a shit day!

Write back explaining why you disagree, but you may well need to go to Court and ten be forced to abide by the Judge's decision which may be less palatable for you.

To be honest I'd fight (I did and eventually the court came round to my way of thinking!)

OnlyWantsOne · 16/09/2010 17:20

ive been fighting for 2 years, I cant take much more :(

OP posts:
Madascheese · 16/09/2010 17:28

Keep strong you can keep fighting, you're doing this for a reason right? That reason is no less valid today than it was when you started. It took me three years almost to the day but we got there, and so will you.

Stick to your guns, CAFCASS officers sometimes test the water with suggestions, if you believe they are wrong say that. If a Judge ultimately decides the CAFCASS officer is right, you will have done your best.

Hang in there

OnlyWantsOne · 16/09/2010 17:35

Ive been trying to find some supporting evidence about children (the elder sibling) being effected negatively if taken away / seperated from parents at the time of introduction of 2nd child (baby due exactly the same time the CC suggests upping contact from 2 hours to 10)

OP posts:
Madascheese · 16/09/2010 17:40

hmm he might be looking at it from a perspectve of helping you out, and not seeing it from your point of view at all, ie you'll get some time with the Baby.

If you go on wikivorce, look up a poster named mum to boys no spaces, she had a very similar situation and she's a really lovely lady who might be able to offer you some advice - littlemad is my only one and I had a very different situation to you (child abduction overseas) so my experience might not be too helpful

You might use it already in which case sorry if I'm teaching yout to suck eggs!

OnlyWantsOne · 16/09/2010 17:44

well ive been granted a residence order for similar reasons to you actually (Ex wanker is not from UK) Thank you for your help, does it get easier?

OP posts:
Madascheese · 16/09/2010 17:48

yes

If you have a sole residence order why are CAFCASS still involved with contact?

(If you on't mind me being so nosy - I'm utterly fascinated by the workings of this stuff)

if you prefer you can email me on
princesstippietoes at gmail . com

no spaces obvnov

OnlyWantsOne · 16/09/2010 18:22

have emailed you

OP posts:
New posts on this thread. Refresh page