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Shared care order
#1
Hope someone can give me some ideas on this.

Myself and my partner split up about four months ago, we have a 4yro daughter. To begin with things were quite amicable and we both wanted to have a 50/50 shared parenting arrangement. So I thought I could draft an agreement that we both agreed and sign and we could use that going forward.

I have since discovered that she has been seeing a work colleague, and consistently lying to me about a lot of things for months. So I am now thinking I need something more substantial than a simple non-binding agreement between us. Especially if she is planning to move in with this guy who lives some distance away.

So what would be the best next steps? I'm thinking mediation followed by a shared care order? How binding can a shared care order be?

Thanks
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#2
(12-13-2017, 08:37 AM)nibbler Wrote: Hope someone can give me some ideas on this.

Myself and my partner split up about four months ago, we have a 4yro daughter. To begin with things were quite amicable and we both wanted to have a 50/50 shared parenting arrangement. So I thought I could draft an agreement that we both agreed and sign and we could use that going forward.

I have since discovered that she has been seeing a work colleague, and consistently lying to me about a lot of things for months. So I am now thinking I need something more substantial than a simple non-binding agreement between us. Especially if she is planning to move in with this guy who lives some distance away.

So what would be the best next steps? I'm thinking mediation followed by a shared care order? How binding can a shared care order be?

Thanks

Are you confident that she'll sign the agreement?  If she is willing to sign it then there is no need for mediation, just fill in the court form for the CAO by consent to be issued.  Mediation is only required if you two cannot come to an agreement on your own.

If you don't want to go down the court route, then it is worth checking with a solicitor to draft an agreement "with prejudice" so that in case of breach either party and take the agreement to court for it to be enforced.

I'm sure others dads on the forum will be able to offer more advice and ideas.
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#3
Quote:Are you confident that she'll sign the agreement?  If she is willing to sign it then there is no need for mediation, just fill in the court form for the CAO by consent to be issued.  Mediation is only required if you two cannot come to an agreement on your own.

If you don't want to go down the court route, then it is worth checking with a solicitor to draft an agreement "with prejudice" so that in case of breach either party and take the agreement to court for it to be enforced.

I'm sure others dads on the forum will be able to offer more advice and ideas.

That's interesting, thanks.

So can a signed agreement be taken to court later, or does it need to be one that has been drafted by a solicitor?
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#4
(12-14-2017, 09:28 AM)nibbler Wrote:
Quote:Are you confident that she'll sign the agreement?  If she is willing to sign it then there is no need for mediation, just fill in the court form for the CAO by consent to be issued.  Mediation is only required if you two cannot come to an agreement on your own.

If you don't want to go down the court route, then it is worth checking with a solicitor to draft an agreement "with prejudice" so that in case of breach either party and take the agreement to court for it to be enforced.

I'm sure others dads on the forum will be able to offer more advice and ideas.

That's interesting, thanks.

So can a signed agreement be taken to court later, or does it need to be one that has been drafted by a solicitor?

While an agreement is not legally enforcable, it can be exibited at a later date, to show what was agreed. Should that happen, your ex then needs to show reason to change it, what must be something not known back then.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#5
I agree with both responses too. I have a 50/50 shared care and parenting agreement in place as a family based arrangement which is also backed up with a written acknowledgement from the court of such plan following the ex's last minute withdrawal from a court hearing for full custody.

Good luck!
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