Family Law - variation of Order query

MicksCph

Hello guys,

I hope all is well,

I recently split with an ex of mine, whom we have a child together. I would like to see if you can help me with the wording of one sentence from the settlement order.

- The parties to notify one another of any material change in circumstances, such as change of abode or living conditions within 6 weeks of any change coming into effect, where possible.

How would you understand this?
For me, I've read it numerous times and I understand it, that I need to notify my ex partner of any living condition changes within 6 weeks of moving, is that correctly understood?

So if I told her 3-4 weeks before I'd be fine?

The wording on this point is extremely vague, and I've had many eyes look at it, but I'd like to get a 3rd party to check to see what they think?

Regards,

Peregrinus

"Within x weeks of X event" usually means within six weeks after X event.

And on one leve that makes sense. If you read it as meaning "within 6 weeks before X event", the implication is that if you gave them more notice — you told them two months before, for example — you'd be in breach of the settelment order. And that makes no sense; why would you discourage the parties from giving one another as much notice of a change in circumstances as they can?

If the order meant to say "at least six weeks advance notice, where possible" or "a minimum of six weeks' advance notice, where possible " then that's what it should say. But that's not what "within" means.

Having said that, a nit-picking, cheese-paring do-the-minimum-required approach to implementing settlement agreements and settlement order is not to be recommended. Common sense and common decency suggests that you should give as much notice as possible of a change in circumstances that will affect your ex, or that will affect the child you have together. If you can give 6 weeks or more, do; if you can't, give notice as soon as you can.