Vary court order

[Maisiemoo18]

Has anyone successfully varied a court order for child arrangement after being taken to court for enforcement?
I have wrote a position statement on the back of enforcement to request a section 7 report and to safely vary the order.
Court coming up so was looking for any success stories.

I would think you need to submit an application to vary the existing CAO (is it the C100?). Then it will be listed for directions and judge can consider if s7 report is required.

What are the circumstances of enforcement of existing order?

Suggest you approach a solicitor/try to get a free 30 mins appointment.

I breached it after safeguarding and social services involvement and investigation. He has reported enforcement when the investigation hasnt even finished yet. I've wrote a position statment in response and to set out to vry the order appropriately.

You may need to submit a formal variation in the form of the C100 as well if you haven’t done so. Perhaps ask the Court itself?

I don’t think the Court will have the power to ask for section 7/ vary the CAO from position statement alone during enforcement proceedings. But not absolutely sure.

I was advised that if children weren’t going in accordance with the CAO (for safeguarding reasons) to apply for a variation to CAO formally as soon as possible.

Yeah it's strange no one really knows. I was basically waiting on the social services report coming back first but hes jumped in with enforcement?? I'll write it on the position statement and see come court I guess. Nothing much more I can do before court now.

You need to submit a c2 application - basically a cross-application within the same proceedings.

I wont have time for c2. Can I verbally ask and include in my position also?

Hi. How did it go? I am in the same position now.

Went fine. Judge kept the order the same as was before. They want both parents in kids life and that's the main thing for them. They dont like to change what has been.
We have settled and things the same.
Try not to worry too much x

Thank you so much.My daughter is 13yo and is avoiding contact as it should be per court order; ex applied for enforcement and I will ask for a variation, as the current order, which started in Jan 25, is not working. Thank you for your good news!

You vary it with considerations and cafcass will speak to your daughter so I expect all will go well x

If CAFCASS might talk to my DD, does that mean there might be more than one hearing regarding my ex's enforcement order application? Makes sense, though.

Hi, technically you should make an application to vary of your own. I dont think your ex's enforcement application will be successful if you had a good reason for your breach, which you do.