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Should I ask for a variation on our court order

4 replies

gracehedley · 16/04/2015 23:40

Myself and ex husband have a child arrangements order, only been in place since October 2014, stating our son lives 50:50 with each of us. He has to spend 5 nights with me, 3 with Dad, 2 with me, 4 with Dad, in that order over a fortnight, all year round. I want to take son away for 2 separate weeks in the summer holidays but ex h wants to stick to the pattern above which means we can't go. Ex h also unwilling to take turns over christmas eve/christmas day - he has spent last 2 xmas eves/days with son and wants same again this year. Is it worth me applying for a variation on the order so we can spend longer blocks of time with our son so we can go on holiday, and take turns at Christmas - would that be considered reasonable? Also is this a costly thing to do? I envisage representing myself. Obviously I would rather come to an agreement informally with ex, but he is not interested in this. Thanks for advice.

OP posts:
Collaborate · 17/04/2015 08:25

What you want is sensible. Worth going back to court but try mediation first.

gracehedley · 17/04/2015 11:50

thank you Collaborate. Is it mandatory to try mediation before you ask for a variation on an existing order?

OP posts:
Collaborate · 17/04/2015 14:02

Yes. It's also sensible.

HeadDoctor · 17/04/2015 16:42

I believe the court application form outlines the circumstances that would mean mediation was not required.

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