Applying to vary a contact order

[balia]

Have also posted this in step-parenting in case there are people with relevant experience, hope that is ok.

DH has applied to vary his contact order for his son to include longer holiday periods. The current contact order was made 5 years ago after a prolonged court battle. DH has tried very hard to avoid court, has organised mediation twice and tried to compromise, but we are pretty sure that DSS wants to share longer holiday times with us. Currently we only get one extra day per week of the holidays. DH?s ex has mental health issues and has great difficulty coping with decision making and allowing either of her sons to be out of her control.
Is applying for a variation different to making the original application? Does it follow the same procedure, CAFCASS, etc? Will the whole thing be looked at again or just the holiday issue? We are quite nervous as the experience last time was very difficult and DH is representing himself (can?t afford not to).

If it is in any way possible, please try and agree this between you. I say this as someone who is continually taken back to court - 30 times in five years. I am in an unusually extreme situation and finally I am going to ask the court to put an end to this. We were taken back this time because GS's dad has been taken to crown court twice for serious violence offences (cannot manage his temper) and we asked family members to provide undertakings as to some supervision until outcome of the case. They refused. I hadn't even breached the order.

You sound so much more reasonable and the case sounds infinitely sortable. I guess she will be hurt to know her DS would like to spend more time with you, it's normal and human.

I think if there are no welfare concerns, CAFCASS should not be involved. They make matters so much worse in my experience as it gives both parties chance to mud sling and then the worker sides with one party heightening tension even pre-court.

I think you will get this extra time if you take it back to court, but it has to be balanced against the very bad feeling that it will cause. Good luck.

I think DH has tried every way possible, believe me. And if he hadn't gone back to court in the first place his DS would not have had any relationship with him at all.

He has no wish to upset/distress DSS's mum. He has tried to be very patient and ask for very tiny increases, but to no avail. The situation improved after the last court order because if DSS's mum doesn't have to take responsibility for the decisions she actually finds things easier.

I don't see how she can claim that there are any welfare issues given that we see DSS 3 weekends out of 4, but I'm sure she'll try, but I had assumed Cafcass would be involved to do a 'feelings and wishes' report at the very least (although we don't know much about how they do that, either). Is it likely that they may not be involved?