Section 139a COCA seeking leave
Hi Team, I am looking to vary a parenting order before the first two years are up and I first need to seek leave of the court for this to happen (the other side are opposing)
Im looking for anyone who may know how to meet the threshold for overturning section 139(a) COCA, the section requires you to prove there has been a material change to circumstances of- any party/Child to the previous proceedings.
Any one with some case law that gives me some thing to reference when a judge actually approves the courts leave
Cheers
Dear Jack, I am sure that if you think back through the last few months, or two years, you will find quite a few changes in circumstances, that were not envisaged when the earlier parenting plan was agreed.
In any case, as children develop, their needs, to meet their further development, change also. So this must bring in new needs and desires for your children.
Also, a parenting plan does need to fit in with the parent’s adult lives. I assume that this is the reason that you are seeking changes to the parenting plan?
As much as possible, try to negotiate in good faith and also be careful to measure the other party’s good faith, as you proceed. If there are problems with good faith in negotiations, write formal letters rather than use EMAIL or telephone for critical points. That way you create and store a paper trail of formal evidence as you proceed. It might be useful.
It might seem that the familycaught$ expects good faith from the non-custodial parent and not really from the custodial parent. (The terms custodial and non-custodial came from the Guardianship Act 1968, which was repealed by the Care of Children Act 2004. The Care of Children Act purposely replaced those terms with day to day care, to get away from the black and white thinking of custodial and non-custodial. I have heard about Judge Boshier correctly using the new concepts about care of children, but the rest of them…. Most judge’s thinking is still back from the Guardianship Act 1968 days, when they went through their training. It pays to understand the nature and type of beast that you are dealing with…)
Negotiation can take a lot of time, sometimes much longer than your children can be expected to live! So start early! Listening openly is usually more important than talking loudly and impatiently. Maybe get suggestions from others, to help get around any limitations in your own imagination and creativity. Usually it is best to get personal help, rather than discuss issues openly on internet forums.
Best wishes.
Comment by MurrayBacon — Wed 6th May 2015 @ 10:15 am
Dear Jack, sorry that I didn’t answer your question directly, in terms of judgements.
Legal workers are always willing to have a new hearing, so that usually very little persuasion is required.
After all, this is their bread and butter, not building things, or serving customers.
Unless you have a history of baseless vexatious litigation, you should find very little barrier to a new application being heard.
Having said that, they often accuse fathers of being vexatious litigants, but these are words that shouldn’t be taken seriously, unless you have in fact made too many, multiple, baseless applications. (Of course it isn’t unknown for women to do this too, but they rarely are criticised for this, let alone sanctioned.)
So I suggest that the critical issue isn’t a mythical uniform standard of what degree of change merits a fresh application, but your own case history and the general shortage of paying work in familycaught$.
As far as practical, keep the focus on the children’s developmental needs and the adults’ resources to meet those needs.
Comment by MurrayBacon — Thu 7th May 2015 @ 1:28 pm
Court orders…..
http://frameblame.org/family-court-corruption-and-secrecy/
Check out my concerns here mums and dads……parents…….because this is affecting all of you and your children.
Been a while since I posted here………I’ll explain those reasons one day……
Comment by Hornet — Sat 9th May 2015 @ 8:57 am