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Agreed child arrangements order
#1
Hi all,

Separated and going through divorce. I have 2 children and Ex has agreed to 3 nights pw throughout the year. My questions are:

1) How can I get this legally binding? Which forms?
2) Can anyone point me to a draft sample of a good child arrangement order to get an idea of what things I should include and the wording,
3) Will the court agree to what we have settled on? We both live equal distance from school and clubs children attend.

All your help appreciated.

Thanks
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#2
(08-18-2018, 09:22 AM)sandman Wrote: Hi all,

Separated and going through divorce. I have 2 children and Ex has agreed to 3 nights pw throughout the year. My questions are:

1) How can I get this legally binding? Which forms?
2) Can anyone point me to a draft sample of a good child arrangement order to get an idea of what things I should include and the wording,
3) Will the court agree to what we have settled on? We both live equal distance from school and clubs children attend.

All your help appreciated.

Thanks

What you need to do is what is called a Consent Order. This is where everything is agreed. The Judge has a duty of care to ensure you both understand it, and its then ordered.

In terms of doing one of thease, my suggestions are

a, Contact a Mediation Company, tell them the deal is done, but can you pay them to do an agreement, what you will then use as the Consent Court Order.

b, Use a McKenzie Friend. They have no right to speck at Court and i would never engage them for this. There rate per hour will be cheaper than a Solicitor, to just draw up the Order.

If you use a Solicitor, they have a duty of care to their client, and can not act for you both due to "Conflect of Interest". One working for one of you would have do the Order, and then the other pay their own solicitor to get their opinion on it.  Note McKenzie Friends are not regulated in this way.

Your 3 days a week all year round is ok, but you might want to change it a bit.

If either of you wanted half the weekends, you would get it.

You might want to change it with regard to Easter, Christmas and the Summer Holidays.  My suggestion is

Easter and Christmas (both 2 week holidays), that you both have either an 8 day block, or 2 x 4 day block. Note that significante dates need to be shared or turns each.

Summer, both parents to have a 2 week window, agreed 3 months in advance so that they can book a holiday.

You also might want to add into the Order, that you both agree that you can take child out of the UK during time the child is with you, for a holiday, subject to you providing Flight Detail, Where Staying, Who is going and providing an emergancy phone number.
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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#3
(08-18-2018, 09:57 AM)MarkR Wrote:
(08-18-2018, 09:22 AM)sandman Wrote: Hi all,

Separated and going through divorce. I have 2 children and Ex has agreed to 3 nights pw throughout the year. My questions are:

1) How can I get this legally binding? Which forms?
2) Can anyone point me to a draft sample of a good child arrangement order to get an idea of what things I should include and the wording,
3) Will the court agree to what we have settled on? We both live equal distance from school and clubs children attend.

All your help appreciated.

Thanks

What you need to do is what is called a Consent Order. This is where everything is agreed. The Judge has a duty of care to ensure you both understand it, and its then ordered.

In terms of doing one of thease, my suggestions are

a, Contact a Mediation Company, tell them the deal is done, but can you pay them to do an agreement, what you will then use as the Consent Court Order.

b, Use a McKenzie Friend. They have no right to speck at Court and i would never engage them for this. There rate per hour will be cheaper than a Solicitor, to just draw up the Order.

If you use a Solicitor, they have a duty of care to their client, and can not act for you both due to "Conflect of Interest". One working for one of you would have do the Order, and then the other pay their own solicitor to get their opinion on it.  Note McKenzie Friends are not regulated in this way.

Your 3 days a week all year round is ok, but you might want to change it a bit.

If either of you wanted half the weekends, you would get it.

You might want to change it with regard to Easter, Christmas and the Summer Holidays.  My suggestion is

Easter and Christmas (both 2 week holidays), that you both have either an 8 day block, or 2 x 4 day block. Note that significante dates need to be shared or turns each.

Summer, both parents to have a 2 week window, agreed 3 months in advance so that they can book a holiday.

You also might want to add into the Order, that you both agree that you can take child out of the UK during time the child is with you, for a holiday, subject to you providing Flight Detail, Where Staying, Who is going and providing an emergancy phone number.

Hi Mark,

Thanks for the above.

I went to my solicitor to ask them to draft a consent order for the child arrangements and he said there is no need as we have both agreed and have stuck to our agreement so far. He said the judge will say the same as we are in agreement and the stats prove that if you agree you are more likely to stick to it. My fear is that once the finances are sorted she will not co-operate as much as she is now. I believe the co-operation is only for the finances to get sorted as quickly as possible. Then she will revert to what she wants and that is only alternate weekends.

My questions are:

1) Is my solicitor correct? Will the judge not consider a consent order as we agree?
2) If my solicitor does not do it can I do it myself?
3) How do I protect myself from ex-changing her mind about child arrangements later on?

All help appreciated.
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#4
I would suggest sticking to your current arrangement and if your ex partner doesn't then you can attend family court at a later date. you could also mediate first if anything happens and if things run smoothly up until financial side is sorted it would be silly to cause havoc
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#5
I’d always. Always. Advocate getting an order whenever possible. And being as specific as possible.

Also put in info on significant days such as birthdays and Mother’s Day father’s day. What happens. Who has them. What happens if a birthday falls on their mother’s day, do you see them when and for how long.
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