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Minute of Agreement
#1
Hi All, 

My court date for child welfare hearing is scheduled for 21st June, however my ex has now contacted me asking me to meet outside of court and try and sort things out between us. 

I am keeping the court date booked but i think it's in everyone's best interests if we can settle out of court which i will strive to do. 

I have made sure it's going to be in a public place first and foremost. 

My lawyer has said that if we do agree something we will get a minute of agreement typed up, my question is if we do get a minute of agreement set up what would happen if she went against the arrangement ? 

Would i need to take her back to court, the benefit of court of course is she cannot abuse the order without repurcussions, but would this still stand with the agreement?

Thank You
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#2
In this case, you get your agreement typed up on the correct form and submit it to the court on the 21st June - the court will then deem that you have both exercised your Parental Responsibility and then turn it into a Child Arrangements Order.
The opinions here are not that of Separated Dads, but merely a loving father who has been through the process and has come out the other side.
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#3
(04-23-2018, 03:10 PM)invisibleintellectual Wrote: In this case, you get your agreement typed up on the correct form and submit it to the court on the 21st June - the court will then deem that you have both exercised your Parental Responsibility and then turn it into a Child Arrangements Order.

hi mate

so it still has the same legal standing and the only difference is we don't have to attend court itself ?
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#4
It would be like a consent order which was enforceable. This would be a test of whether she intends to stick to any agreement? If she wants to agree a minute of agreement but won't agree to it being submitted as a consent order then she clearly doesn't want to be committed to the arrangements. Am guessing you're in Scotland? Some of the terminology may be different. Ask Solicitor about consent orders from minutes of agreement being submitted to court.

My ex also wanted me to withdraw my application and do a consent order but after the things she'd done the last year I knew it was a trick! As soon as I withdrew the application she just wouldn't consent and I'd have to start all over again. So it went to court. Before the hearing she wanted negotiations for a consent order. Eventually that's what happened as I took Barrister's advice and compromised on time for shared care lives with agreement. So what happens? Consent order reached at court is binding - but not enforceable until sealed. As soon as the court day was over she not only breached it but refused to agree a lot of it so it couldn't be sealed. She had to accept though that it had been agreed at court and if it didn't get agreed it would go back to court. So it did get agreed eventually but I had to compromise a bit more - I was all set to go back to court but it was a good deal with the lives with so compromised - and am prepared to have to go to court again in future.

I wouldn't trust any agreement. It needs to be an order. And I wouldn't withdraw your application for a minute of agreement unless it is typed up and ready for sealing and the hearing goes ahead and the agreement is sealed on the day as an order.
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#5
Hello,I have been offered out of court settlement by my ex-wife. However, the terms she mentioned is not acceptable. She wants me to go to DV and anger management court which I refused due to her false allegations. She made up lots of stuff and very manipulating. As per terms I have to do two course and while the course continue, I can have one hour supervised access at conta ct centre and while the course continue over I can have upto 5 hours supervised access.  Once the course completes, I can have 3 hours unsupervised access every other weekend which can increase to every other night on weekends.  Holidays needs to be shared equally. Do you guy recommend to take it. I hate going through long court process. However, I do not want to get in muddle with abuser sticker on my head. I have not seen my son from last 5 months and each month I have been paying maintainence in her account. Please advise. 
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#6
Is it what YOU want

I would suggest putting timeframes in for things as opposed to leaving them open ended - I got caught out by that
The opinions here are not that of Separated Dads, but merely a loving father who has been through the process and has come out the other side.
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