Any Variation to a CAO Tips / Advice please?

[DannyK]

Hello Dads,

I'm about to make an application to Vary my existing CAO.

I currently have;

EOW (Fri PM - Mon AM)
Every Tuesday Teatime (4-7pm)
Half holidays

But this has been in place for over a year now, and no harm has come to 4yr old daughter (obviously), in fact she has loved it.

In fact the only drama has been my Ex trying to undermine the CAO ever since the Final Hearing, with the usual ongoing false allegations of DV, taking daughter to GP with "marks and bruises" after overnights, instigating a Social Services investigation, etc, etc, all brushed aside with me completely exonerated.

So the Variation I'm looking for is to get the Tuesday teatimes turned into overnights once daughter starts Primary school in September - and also get a 'shared care' order, which I have read on the DWK forum is possible (if I get the 5 overnights per fortnight).

I have almost completed my c100 and about to get my MIAM certificate to make the application to Vary, but before I send it off; are there any Dads out there who have been through this Variation process?

What should I expect in terms of timeline? (Ie. how long to court date issued, etc)

Should I contact Ex telling her I want the extra overnights, etc, to see if she wants to try mediation? (She won't as she already claims DV so the only upside to this would be to make me look reasonable) But at the same time, I don't want to tip my hand and give her the advantage of making an application first..

Any dirty tricks (beyond the usual, see above) from Ex that I should prepare for? (although I'm expecting her to be whiter than white once she finds out I've made an application to Vary, as surely she won't want any evidence showing her to be 'obstructive' by breaching Contact, etc)

Any tips or advice would be most appreciated!

 

[MagicJ]

Hey @DannyK , I'll let those with experience advise on the Variation process.

What strikes me reading the above is that if you have documented evidence of the nonsense around SA & GPs since the order was made plus any potential attempts at breaches then this gives a strong basis to demonstrate that a shared care order is needed so that Mum understands that she can't disadvantage her child like this.

I hope this works out for your Daughter!

 

[Ash]

I've replied with suggestions for your application wording Timeline - could be 2 to 4 weeks after submission that you get papers back then Cafcass not long after that. Hopefully it will then go straight to a first hearing. How long that date is depends on region partly.

 

[MAN_B]

I've replied with suggestions for your application wording Timeline - could be 2 to 4 weeks after submission that you get papers back then Cafcass not long after that. Hopefully it will then go straight to a first hearing. How long that date is depends on region partly.

Hi @Ash would you mind sending me the application wording? I'm in a similar situation and I'll be applying to vary in a month or 2. Thanks.

 

[Ash]

@MAN_B every case is different, so wording for one application to vary would be different to another, but I am happy to help with yours when you're ready to apply.

 

[MAN_B]

@MAN_B every case is different, so wording for one application to vary would be different to another, but I am happy to help with yours when you're ready to apply.

Thanks @Ash . I'll reach out when I'm ready to apply.