Long story short, but i have abou t 40 breaches I am ready to file. I am looking at making an application to change parenting orders to co-inside with the contravention application. I was told by a barrister (legal aid) that there was enough for me to satisfy a change in circumstance.
I want to change just a few orders in this application. But i want to leave the door open for a further, more detailed, application in a few years where I fundamentally change custody orders.
What I want to change alongside contravention application:
1) Strong medical communication clauses (was too basic and no medical communication is happening) - 10 breaches related to this
2) Telephone: Set times to talk.Other parent no responding to telephone requests on 50% of occasions. 20 breaches
3) Strong school communication clauses (no school communication clause exists. the breaches are in relation to Shared Parental Responsibility) - 4 breaches
4) bring exsiting order forward 2 years (to be immediate) in relation to having my 4 and 7 year old 6 nights (not 5 nights). Basically, I am due to have them 6 noghts at the end of 2025, i will ask this to be brought forward. This is due to handovers of school clothes which have become almost untenable. Give me the 6th day now and it will be avoided. I can explain this further if required. - 3 breaches including 2 involving police including the assualt mentioned below.
There may be a reason that I could go for more care. Such as my ex is being charged with assualting myself and my daughter (was at the time 2yo) which was caught on camera. There are a load of other unsavory behavior to go alongside this. But my daughter just turned 3 and I feel that going to primary carer now is not the right time. I feel it would be better in a few years once my youngest is in school. This is not due to my inability to manage my daughter, but moreso I believe any family report writer may favour such a young child remaining primarily in care of primary carer. I will have my daughter 5 nights per fortnight at the start of 2024, have had 4 nights since beginning 2022 (she was 1.5yo then). I also feel if i seek a fundamental change (ie, my becoming primary carer) it will be a long process and Im sure sure I want to entertain that just yet.
I would rather go back to court and apply in, lets say, 2 years to become primary carer. But I am concerned that if there is not a significant change from the date of my application now (ie, the one explained above) and 2 years time, that I won't satify a significant change in cicumstance. Am I able to use significant changes in circumstance, that occurred prior to the last application, as a reason to bring another application? or will the court say "you had the chance to bring up these matters in your last application and you chose not to".
My dilemna is that i really want the medical/school/6-night order as they are having an effect right now and need to be fixed. But i don't want to lose my chance to use some of these circumstances (ie, the police) to seek a change of custody in a few years.
Here are some events that may happen in the next few years to justify a change:
1) I am in a near 2 year relationship. She wants kids. The relationship is going well. She will move in with me soon
2) The assults are in court next month for mention. No decision yet. So if i file my application now for the 3x changes, then in several months my ex is found guilty, then that would be new information.
My main question in all this is how applications work in regards to significant circumstances.
I hope ive made sense
Thanks
I want to change just a few orders in this application. But i want to leave the door open for a further, more detailed, application in a few years where I fundamentally change custody orders.
What I want to change alongside contravention application:
1) Strong medical communication clauses (was too basic and no medical communication is happening) - 10 breaches related to this
2) Telephone: Set times to talk.Other parent no responding to telephone requests on 50% of occasions. 20 breaches
3) Strong school communication clauses (no school communication clause exists. the breaches are in relation to Shared Parental Responsibility) - 4 breaches
4) bring exsiting order forward 2 years (to be immediate) in relation to having my 4 and 7 year old 6 nights (not 5 nights). Basically, I am due to have them 6 noghts at the end of 2025, i will ask this to be brought forward. This is due to handovers of school clothes which have become almost untenable. Give me the 6th day now and it will be avoided. I can explain this further if required. - 3 breaches including 2 involving police including the assualt mentioned below.
There may be a reason that I could go for more care. Such as my ex is being charged with assualting myself and my daughter (was at the time 2yo) which was caught on camera. There are a load of other unsavory behavior to go alongside this. But my daughter just turned 3 and I feel that going to primary carer now is not the right time. I feel it would be better in a few years once my youngest is in school. This is not due to my inability to manage my daughter, but moreso I believe any family report writer may favour such a young child remaining primarily in care of primary carer. I will have my daughter 5 nights per fortnight at the start of 2024, have had 4 nights since beginning 2022 (she was 1.5yo then). I also feel if i seek a fundamental change (ie, my becoming primary carer) it will be a long process and Im sure sure I want to entertain that just yet.
I would rather go back to court and apply in, lets say, 2 years to become primary carer. But I am concerned that if there is not a significant change from the date of my application now (ie, the one explained above) and 2 years time, that I won't satify a significant change in cicumstance. Am I able to use significant changes in circumstance, that occurred prior to the last application, as a reason to bring another application? or will the court say "you had the chance to bring up these matters in your last application and you chose not to".
My dilemna is that i really want the medical/school/6-night order as they are having an effect right now and need to be fixed. But i don't want to lose my chance to use some of these circumstances (ie, the police) to seek a change of custody in a few years.
Here are some events that may happen in the next few years to justify a change:
1) I am in a near 2 year relationship. She wants kids. The relationship is going well. She will move in with me soon
2) The assults are in court next month for mention. No decision yet. So if i file my application now for the 3x changes, then in several months my ex is found guilty, then that would be new information.
My main question in all this is how applications work in regards to significant circumstances.
I hope ive made sense
Thanks
