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Hi,
I'm new to the forum and hoping someone an give me some advice.
My ex and I separated about 5 years ago and had a mediation agreement in place with regards to childcare. My ex wanted to change the agreement and I received details of the changes she wanted to make through her solicitor.
I contacted a solicitor myself and was told that because the Mediation agreement wasn't legally binding and there wasn't much I could do.
We have now come to a new agreement through her solicitor but I wanted to know is there anything I can do to make this new agreement legally binding to give me more rights if she was to just decide to change everything again?
I've looked into things myself mainly at consent orders through a c100 form but don't know if this is what is needed?
Any advise would be greatly appreciated.
Hi
A consent order is what is needed to make it legally binding.
Thanks
@Daddyup thank you for your quick reply! Is the consent order the c100 form or is that something different? Also do you know if this needs to be done through a solicitor?
Thanks
@seekingadvice during mediation stage, consent order can be written up if both parties agree. Solicitor writes up the consent order. then it gets sent to court for approval, so it can become legally binding.
if mediation process fails, then you would send off the c100 form to court to apply for child arrangements, and you would have to attend hearings.
Ah okay so a consent order isn't a C100? I'm a bit confused as we went to mediation and had an agreement but I didn't know I could have made that legally binding at the time.
We've now come to another agreement through her solicitor which I now want to get legally binding so this doesn't keep happening.
As we've passed the Mediation stage but are in agreement I'm sort of in between and when I looked into it myself I thought the consent order is a C100 form that's sent to the court?
Thanks
@seekingadvice a solicitor has to write up a consent order, and both parents have to sign it. if you go to the c100 online application, there are step by step information if you choose the consent order route: https://apply-to-court-about-child-arrangements.service.justice.gov.uk/steps/opening/warning
A solicitor or family mediator would be able to advise you about the consent order process.
info on mediator site:
Solicitor drafts your parenting plan into a consent order and completes Form C100. Submits to court and deals with Caffcass inquiries.
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