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Incorrect court order

  • Ninjakartdad
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24 Nov 14 #449953 by Ninjakartdad
Topic started by Ninjakartdad
Well you couldn''t make it up.
My ex abandoned our children and cut a long story short it ended up court and the final hearing was the other week.
One child lives with me and one with mum becuause she cannot cope but we swap and change about the children.
It goes to court and mum says all she''s wants is to have one night a week where I have both and I see one of them every night, I agree. My girl lives with anyway so it all remains the same.
We come out of court and a week later a letter arrives,
Kids will live with mum!
Kids with stay every OTHER night with me!!

Not what was agreed or I wouldn''t have agreed to it, in fact it wasn''t ever brought up about where they live.
So I write to the clerk of court explaining he has written it up wrong. He denies it!

100% the truth hand on my heart, So I have been shafted by an error, mum cannot believe her luck and will not help by saying he got it wrong, she WILL say that he got the every other night bit wrong though but not the residence, so all of a sudden I''ve come from being a parent and having the child benefit and working tax credit for one of my children to having her taken away and I have been treated as just some weekend dad in all this.

I wonder if anyone has any advice on this ? I can''t take it ex parte to the county court as it was held in magistrates and of course he''s not going to say his colleagues got it wrong.
A solicitor is out of the question due to cost.
What''s my next move guys?
It may be better to private message please

  • driven40
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24 Nov 14 #449955 by driven40
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I think you can request a copy of the court recording but it will cost you

  • boysdocry
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08 Jan 15 #453229 by boysdocry
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A imilar thing happened to me insofar at the final hearing, we went through all the contact dates and times pnly for it to be omitted in the order itself. Was raised by my sol to hers and the response was ''nothing was omitted'' I wrote to the judge and his response was ''case closed, you need to refer to court to go though it'' or words to that effect. In the end, the missing holiday period was agreed between sols but has never been laid down in writing. And to think these people get paid three figure sums....bst of luck.

  • Steven Wade
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17 Feb 15 #456330 by Steven Wade
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Fortunately there is no time limit on getting a court order changed if it is correct

Writing to the court manager under the slip rule is the usual response although I should hope writing to the clerk would get the same result. I note you say it hasn''t.

As others have said I would recommend you get a transcript of the relevant part of the hearing. You''ll need an EX107 form (get the EX 107 info) form too.

Complete the form with relevant details, send to the authorised transcriber and wait for the transcript. The transcription service will contact the court, get the tapes, make the transcript, send a copy to the court for `perfection'' and authorisation and you should then get a copy.

I would advise you move quickly on this. The longer the status quo is in place the harder it will be to change if Mum sticks to her guns and says that the routine is settled and it wouldn''t be in the best interests to change it now.

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