Does he need a variation

[SiempreDot]

My ex took me to court last year. At the time he lived quite away from us in his girlfriends house.

We had discussions about whether this was too far to facilitate overnight midweek access. Two minutes before the hearing began, after four hours of barrister negotiations, his barrister revealed he'd bought a property half a mile from mine. The court ruled that midweek overnight could begin from September 2019 when my son starts nursery school on this basis. The court order also states I have to drop him off and pick him up from ex's.

Six months since the order was made, I've now received a letter from ex saying hes moving back to the old house. The court order was predicated on him buying a house close to child's nursery. I know he's done this to be completely manipulative and underhand. But should he now have to apply for a variation? Surely at least on a technicality he'd have to because the court order stipulates I have to drop off and pick up at ex's house and him moving would change this.

Any thoughts?

Afraid it sounds to me like it’s you that needs the variation. Unfortunately it can’t be done without “significant information not known at the last hearing”
What’s the distance? Generally it’s his responsibility to facilitate his contact but unfortunately you have to do the driving.
I’d try to get a half hour free call with a solicitor to see if there is enough for you to ask for a variation.

Thanks for this. Really helpful.

I'd assumed he'd need to vary it, even on the basis that I'm legally obliged to drop him and pick him up from his fathers house so him moving house 30 mins away would change this. I'd assumed naively that because his choice had changed the order, the onus would be on him to vary. Otherwise the court order will still legally bind me to dropping him off at his fathers new address.

I’m only guessing but if the order states “fathers house” then it doesn’t matter, within reason, where that is.
Have you tried explaining to him that it’s a little unfair that you still have to do all pick ups and drop offs?
My ex does this, she goes through the order with a fine tooth comb and exploits it where she can.
These are unfortunately the things that have to be considered when drafting the order with a manipulative ex.