Advice on family barrister

[octobersunshine]

I wondered whether anyone with any legal training can advise me without me having to go back to my solicitor and incurring further costs.

My ex recently took me to court for access. After the court hearing, there were a couple of points that weren't addressed within the hearing itself regarding holidays.

My barrister emailed my ex's barrister to seek agreement for clauses regarding holidays to be put in the order.

Ex's barrister agreed to put a clause in the order stating 8 weeks notice to be given for holidays and information about location, dates, who will be going on holiday etc.

I've just got a copy of the final order and the wording has been changed slightly but enough to change the implications on what is provided for. The order now states 8 weeks notice for holidays but only 7 days notice to be given regarding destination etc.

This wasn't what I agreed to or what I thought they had agreed to. I don't suspect this is an admin oversight, I suspect this was deliberate.

Is this acceptable practice? Can barristers unilaterally change the terms or should they have referred back to me if they wanted to change the nature of that provision?

This is another issue in a long line of my ex and his barrister playing games, lying and withholding information so whilst it seems trivial, I can't just let it slide without first getting an understanding of whether that's legally acceptable.

Any advice would be appreciated.

The order may have been changed by the barrister (with your barrister's agreement or not), but the final order would have been signed off by the judge.

If you think it is not reflective of what was agreed, you need to make an application to the court for it to be reconsidered.

The order makes sense. Reasonable for there to be 8 weeks notice of the dates. Not unreasonable that sometimes parents will want to decide much closer to the holiday where they are going. It's not as if it's important to you that you know precisely where they will be going so far in advance.

Would it make a difference? Surely the dates would have to be agreed before anything can be booked therefore that would make sense? Plus some people like to look for last minute deals. My colleague is going on holiday next week and is only just booking it today for Monday.

Sole residency means resident parents can take a child out of the country without the others permission for 28 days, even if they're on the birth certificate.

8 weeks notice gives a NRP with parental responsibility time to object in court of I'm planning something he disagrees with.

Knowing who is going, the destination and details in advance is for this reason. Its not about dates.

I would go back to your solicitor- they coordinate with the barrister not you unfortunately.

Sole residency means resident parents can take a child out of the country without the others permission for 28 days, even if they're on the birth certificate.

Only applies to a "lives with" order, and there is no suggestion the court has made such an order in OP's case.