the ex wife is at it again - advise please

Im sure you all read my thread last week telling you that i got my order changed so that i would have more access to my daughter...

Well....

The ex wife received a draft copy of the order today (from the Courts) and is now disputing certain things that have been put in it.

What happens now???

Because its only a draft, does that mean that i might have to go back to Court and go through the whole process again.

The order was agreed with the ex, myself and my Barrister and then it was given to the Judge who read it through and at each point asked the ex if she agreed - which she did but im worried that it was all for nothing, and she has now changed her mind - although she is saying that my Barrister changed things without her knowledge (even though the Judge went through it with her)

Anyone know what will happen??

Many thanks

Mad

Is she disputing significant things or small adjustments in terms of dates and times ?

Is it the case that she is now saying that your scheduled contact will not be taking place? If so, this needs to go back before the Judge asap. I think its unlikely the Order was a "draft" Judge's don't make draft Orders, they make interim Orders and sometimes daft orders lol but not draft Orders.

Hi Mad.

It might depend on the judge but here's my experience:

My ex challenged the content of draft court order (he hadn't attended so didn't ACTUALLY know what the judge had said but just disagreed if you see what I mean) he was told that was what the Judge had ordered and it wasn't changed.

Your ex sounds like mine - agree with something in court and then change their mind afterwards. I don't think she'll get anywhere.

xS

Basically we both agreed to drop one midweek contact over a 2 week cycle(I currently see my Daughter 3 times in a 2 week cycle so i have agreed to drop one - but what she is now asking is that another one is dropped and that would mean that i would not see my daughter for 8 days

the Judge did a draft because he couldn't understand the Barristers hand writing but im abit confused as to why the ex got a copy

Ermmmm still not convinced on the "draft" bit and if the Judge couldn't read the Barrister's handwriting then he should have sought clarification whilst in Court and had the hand writing corrected there and then.

So you now have a printed Order reflecting the hand written agreed Order? Does it reflect accurately (hand writing errors permitting) or does it not resemble at all what the handwritten Order sought to display?

If what she is now asking is not at all along the lines of what was agreed then it is for her to get it back to Court for amending, however if the Order states what was handwritten by the Barrister, agreed by the parties in front of the Judge then that is what stands and she cannot unilaterally change it just because she has now changed her mind.

Presumably the Order has the "warning" regarding non-compliance at the bottom ??

I had my own Order handwritten yesterday it was copied and given to me prior to the Magistrate agreeing to "grant" the Order and it was read out by the Magistrate to us and where handwriting was unclear he questionned and remedied there and then.

It sounds like she may have slept on it and now is unhappy with what she agreed - I have a feeling my ex may be feeling the same way this morning on returning home and discussing it with his aggressive and trouble stirring new partner but hey ho he is a big boy now and wasn't forced into anything.

Try to be strong despite her now wishing to change the goal posts and clearly it was never the intention for you to have 2 contact days in 14 and yes there is a huge difference between dropping 1 contact and 2.

Keep your chin up xx

the ex has basically changed her mind but is saying that she didnt agree to some of the things on the order although my barrister and the judge (well the clerk) read through the order with the ex and she raised no concerns.

She has since told my solicitor that she is going to continue with the old court order (new one states that it should commence on Monday 12th October) until this problem is sorted

Can she do this??- i suppose she can stop me collecting my daughter on the new alloted days but then surely she would be in breach of the new order.

I believe that there has been a change to the bottom of court orders regarding parents not adhering to it but not sure what it says or what can be done.

any comments on this issue greatly appreciated

Hi mac,
Can I just suggest that you have a look at the thread entitled " Urgent help required" by robdf2.
He has returned to court the have the warning clause enforced and the matter is now being treated as "criminal"