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Varying an Order within 8 weeks

2 replies

Tiptoptum · 09/01/2024 18:56

Name changed for this

Three years of hellish battle with ex over child access. Finally get a final Order vaguely in line with Cafcass recommendations, 8 weeks ago.

Ex is not happy, but I’m assuming he has no grounds for appeal.
However, he has suggested he will be taking me back to Court because it’s not fair.

I am just wondering on the likelihood of him getting a variation so soon, after a Circuit Judge made the Judgement and we’ve had Cafcass etc and gone to a final hearing and it’s taken nearly 3 years? Nothing has changed and although I don’t like the Judgement I think it is fair and was properly explained and thought over.

I am not going to lie, he’s abusive, the case has been a nightmare and I breathed a sigh of relief when it was over. Now I feel I’m going to be doing it all over again as my ex pursues his 50/50 split, that no one recommended he have.

OP posts:
Familylawso1icitor · 09/01/2024 19:17

His chances of a variation right now are less than zero unless there has been a substantial change in circumstance in the last few weeks. I would expect the circuit judge will kick his ass out of court (legal term) and might consider banning from making further applications for a period of time without permission. If he applies make sure you write to the court with the judgment and ask it to be allocated to the same circuit judge.

Tiptoptum · 09/01/2024 19:51

Familylawso1icitor · 09/01/2024 19:17

His chances of a variation right now are less than zero unless there has been a substantial change in circumstance in the last few weeks. I would expect the circuit judge will kick his ass out of court (legal term) and might consider banning from making further applications for a period of time without permission. If he applies make sure you write to the court with the judgment and ask it to be allocated to the same circuit judge.

Thankyou, that is really reassuring. He’s already said that he will be going back to see what he can do about getting more time.
I didn’t know I could request the same Judge. My Barrister said it would be hard for him as it’s a higher Judge, he’s very experienced, the case took ages and was very thorough and the judgement was well thought out and reasoned.

I think my ex is also unhappy that the judge said something about holidays in the future (we are 50/50 holidays) that wasn’t reflected in the Order, which somehow he blames me for.

Nothing at all has changed, it’s almost fully Cafcass recommendations, bar a couple of bits the Judge didn’t think was a good idea (a mid week overnight)

Im just stressing that we will be back to square one again

OP posts:
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