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Ex, handovers and breaches

3 replies

ThisIsTheLast89 · 16/05/2021 20:35

So ex has tried to include in the final order that not only he wants to handover at my front door (pushing back on this due to his aggression and it wasn't agreed) but also for there to be no third parties at handovers apart from immediate family. The latter the judge had previously said she can't say who can be present with me etc but again he has tried to sneak this into the draft order. My worry is that the judge will keep this in there...

A good family friend who has always been in our DC life has said she'll help with handovers as I don't drive and will save me a 2 1/2 hour journey by train with a 2.5yr old of whom may have ASD (assessment with CAMHs). But issue is ex really doesn't like said friend, most likely because she is strong and helped me leave the abusive relationship I was in with him, and I fear if it gets included in the order he'll drag me back to court for breaching. My friend doesn't intend on getting out of the car. If he did take me back to court for something like this, given he is still seeing DC and df will remain in the car what would a judge likely do?

Just for clarity the order isn't seal it is still only a draft so hopefully it will be removed as I've asked.

OP posts:
nickymanchester · 17/05/2021 08:50

There have been a number of threads here recently about solicitors adding things to draft orders that were not actually agreed to.

It is imperative that you make it clear that this was NOT agreed and that you will not accept it.

...it will be removed as I've asked.

Tell - don't ask.

It might also help to reply with your own version deleting or altering the bits that you don't want in it.

ThisIsTheLast89 · 17/05/2021 11:32

Thanks @nickymanchester, just worried if they refuse to remove it etc

OP posts:
nickymanchester · 17/05/2021 18:38

I really would suggest that you just edit out the bits you don't want and amend it to say what you believe the court ordered and send that back to them and say something along the lines of:-

"I do not accept that the draft order you sent me reflects what was agreed (or ordered, if not agreed) in court. This is my understanding of what was agreed (or ordered)."

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