Q&As

A child arrangements order has been made as to contact, and the address at which overnight contact will take place is set out in the recitals to the order, but not as an undertaking, nor is it referred to in the order. The non-resident parent intends to move house and live with a new partner, but the other parent will not co-operate as to the change of address for overnight contact. Can a letter be sent to the court and the other parent to advise of the change of address, on the basis that the court cannot vary a recital as opposed to an order?

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Produced in partnership with Matthew Haynes of St Ives Chambers
Published on LexisPSL on 05/07/2018

The following Family Q&A Produced in partnership with Matthew Haynes of St Ives Chambers provides comprehensive and up to date legal information covering:

  • A child arrangements order has been made as to contact, and the address at which overnight contact will take place is set out in the recitals to the order, but not as an undertaking, nor is it referred to in the order. The non-resident parent intends to move house and live with a new partner, but the other parent will not co-operate as to the change of address for overnight contact. Can a letter be sent to the court and the other parent to advise of the change of address, on the basis that the court cannot vary a recital as opposed to an order?

The proposed course of action of sending a letter to the court and the other party of the change of address seems sensible and proportionate. However, one should address whether there is any particular significance to the current address or, conversely, any drawbacks to the proposed address, for example, unsuitable accommodation. Does the proposed change of address

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