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Ex's solicitor changed the court order

6 replies

coffeeismybestie · 25/04/2019 13:18

Dp's ex has a solicitor who is to write up the court order and send it to the judge. Not only have they added bits that weren't discussed but have said that dp can not bring gifts and if so they are to be kept at his and have added with a written explanation for my dp to tell the child. The judge said that gifts could be given every two weeks when he has contact.

Main concern is that contact was agreed to happen every other Saturday between 12-5. The solicitor has ignored this and cut the time down to 4 hours on a weekend and 2 week days and that contact has to be agreed by both parties.

I thought a court order had to be followed?
They have just written their own one.
His ex won't agree set days in advance, she waits until 24 hours before.
What can he do? Dp thought a regular pattern would be better for all plus he was looking forward to Father's Day but she said they have plans.

OP posts:
sunshinesupermum · 25/04/2019 13:20

Has the court order actually been signed by the judge yet? Do you have a solicitor dealing with this?

coffeeismybestie · 25/04/2019 13:43

He just got sent it yesterday. Dated the 17th.
And no he's representing himself

OP posts:
Collaborate · 25/04/2019 14:34

He needs to write to the court setting out where he thinks the written order is incorrect. the judge will compare it with his or her notes, but chances are they've already done that.

coffeeismybestie · 25/04/2019 14:38

Ok I'll pass that on. The court order is extremely detailed. Personal from her wish list.

OP posts:
coffeeismybestie · 25/04/2019 14:49

From the first hearing to the next he only managed to see his dc 4 times in four months, because she will delay responding and confirming dates. He came out of court with every other Sunday and now that's not the case.
Can he get legal representation for the final hearing? There's a section 7 being done hopefully that helps but the court order is changed for her wants.
He's gone from eow to contact centre, because she has concerns about everything.
She's put the dc in after school club to prevent week days even though she's at home. So she won't agree to after school either.
It just seems representing yourself is not possible.

OP posts:
AddCoffee · 07/05/2019 15:51

Your DP needs to write to the judge to say that it isn't what was agreed or ordered by the judge.

Your DP needs a solicitor ASAP by the sounds of things the ex is doing all she can to minimise his involvement and to cut off his contact. Any court will see that this "agreed contact with 24 hours notice" is a load of BS which will ultimately allow the ex to abuse the order and continue to make it difficult.

A solicitor will be able to put forward that position in the right legal language and may pick up on points you wouldn't have thought of making. They can be expensive but ultimately worth it to get a court order that the ex has to stick to rather than some nonsense that you have to vary in 6 months because she hasn't been sending the kid for contact.

Hopefully the s.7 sees through all her games and recommends structured contact too.

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