Incorrect court order

[mkmatthews4]

So, if any of you saw my last post, you’ll know that my ex partner and I made an agreement in court for her to see baby on an interim basis. That night, after I panicked, her solicitor sent me the order that she was submitting to the court.

The problem that I have is, she’s put 2 things in there that I didn’t agree to at all. Just made them up. I’ve emailed the solicitor and the court to let them know but I’ve heard nothing back.

The next contact is taking place tomorrow. Where do I stand on this? If my ex digs her heels in and wants the order followed to by the letter as incorrectly typed, do I withhold contact until it gets fixed? I don’t know what to do.

For anybody questioning why I have a problem and why I, the Dad, have the baby: it’s because she told me to take my “horrible son” when I tried to leave her and she later attacked me. We can’t communicate with each other now as I have a restraining order.

I don’t want to withhold contact but the additional terms totally contradict another part of the agreement.

Do we have an agreement if they’ve just made things up?

If the error is clearly a typo the court can amend it under the Slip Rule; both parties just write to the court with a photocopy of the order, and the wrong wording crossed through and the right wording next to it, with a letter of explanation.

Someone at the court will then send out an amended order with the official seal on it.

If it's more a matter of the solicitor implying that you've agreed to something you haven't, then firstly write to them for clarification, and if there's any argument and it's a significant issue, then you're unfortunately going to have to apply for a variation of the order.

How significant were the extra bits added? Could they be standard wording that is always added? For example there is often a clause that there can also be any alternative or additional contact that is agreed by both parties. That is nothing to worry about, as it can only happen if you agree.

How long until the next hearing?

Were CAFCASS involved in reaching agreement on the Interim contact? The CAFCASS Duty Officials in Court on the day of the Hearing often can end up claiming that considerably more contact has been 'agreed' than the Resident Parent agreed to. They were horrendous in our first hearing.

Was it Magistrates or a Judge?

Think carefully, even if it wasn't what was 'agreed', what exactly did the Judge (or Magistrates) say?

The Order should represent what was "Ordered" in Court, not what you agreed to.

The judge agreed that the baby shouldn’t go to her address until CAFCASS have done their safeguarding checks. The house, her Dad’s, the last I saw it was not suitable for a baby at all. Dirty, not decorated, unsafe. Her solicitor has put in there that my Mum will drop the baby off at her house where all that was agreed in court and said by the judge was that my Mum would be responsible for the handover, nothing to do with where.

It was a judge in family court. The next hearing is 30th August. Cafcass were supposed to be there but had nobody to send at the time.

I’ve had an email from the court this morning and it’s been listed for a hearing tomorrow morning for directions. Good? Bad?

It's good; it gives the court a chance to hear what both sides say, and clarify the order so there's no uncertainty.

Hope it went ok.

It’s been rearranged for Tuesday because her solicitor couldn’t make it at such short notice. I’ll keep you guys posted - I’m sure I’ll have many more questions going forward. Thank you so so much for your help so far

Did today go ok?

Oh yeah! Last night I put a different proposal for a permanent solution and my ex accepted it. It’ll result in her getting 50/50 custody in the end but not straight away. So, when we were there, we didn’t even have to argue about the solicitors made up things.

Time to try and deal with the fact that my relationship with my son’s mother has ended 😢