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This site has been so helpful to me and my Partner in battling the minefields of contact with his daughter. I am struggling with one area now and am hoping for some advice.
Child arrangements order in place since his daughter was 6months old for just Every other Saturday overnight and 2 hours each Tuesday. Daughter is now almost 3 and access has mutually progressed to Every other full weekend, Tuesday and Thursday overnight each week and discussions around long weekend holidays this year moving to a week next and increasing further in future. In large part due to ex now having another child.
Everything was amicable until my partner amended Child Maintenance in line with additional time. This was met with threats to remove daughter from nursery and revert to court appointed time in order to keep maintainence payments the same (all email documented).
Partner responded requesting mediation to discuss and intent to apply to court to amend the court order over concerns that time with daughter is being used as a weapon and financials are a very seperate issue.
Ex parter is very reluctant to attend mediation but has calmed down a little and accepted fate that really she cannot "win" in this case as she is being unfair. Has asked to forgoe the court order which my partner has refused, mainly due to it being used and held over him on more than one occasion he simply wants to ensure the time with his daughter is protected.
My main question in this case.... If the 2 parents can document a new arrangement, sign and agree it between themselves is mediation required to submit a revision to the C100? and how do you go about making it clear that all is required is the courts stamp that the former arrangement is no longer valid and the new arrangement is to be adherd too?
It may sound an odd thing to do because if the 2 parents can get on then why amend the order .... but the Ex is very fickle and non-commital. Daughter is desperate for structure and routine, having issues at Nursery etc so we just want to make sure that she is not messed around in the future.
Many Thanks in advance for any advice 🙂
Hi there
I think this guide from Child Law Advice explains it well.
https://childlawadvice.org.uk/consent-orders/
As you're attaching a draft agreement to,the C100 form , that is enough to go straight into court to have it rubber stamped.
All the best
Thank you for the response. I looked into this and it would appear that we are unable to draft this ourselves... most unfortunately! It has to be done by a solicitor.... just looking into the costs of that now! :-S.
Suppose everyone gets to make their money one way or another! Grrrr
It’s not a legal requirement to have a solicitor draft the agreement, only a recommendation. Who told you that you can’t draft it yourselves?
it was on a citizens advice thread that I was looking at but I see from the link you kindly supplied it is not required.
Any ideas on format? Googling for templates now as there are a lot of bits to cover around time, phased increases on holiday as little one is only just coming up 3. - He wants to include parents evenings, reports etc too as Ex has withheld stuff from nursery in the past. ... pick up and drop off shares and who is allowed (eg to cover me if he gets stuck at work).
Just want to ensure that they dont reject it - Im quite good at laying it all out clearly for them both but if they do have to go to court just to confirm points in the form I would rather they are not there in front of the court disagreeing on tiny points. Assuming once the proposal is on paper to her she does actually agree it - starting to look like its all a bunch of delay tactics to be honest.
Hi there
Having given your post some thought, as you’ve already got a CAO in place, I’d like to clarify whether you can still apply for an order by consent, or would need to make an application for a variation.
I’m thinking it would be a variation that you would apply for, but with the mutual agreement on what the variation would consist of already in place, it would hopefully mean a very quick and straightforward resolution, done and dusted at the first hearing.
Some solicitors offer a free initial consultation, this would be helpful in getting clarification.
The link I gave earlier, to Child Law Advice, they also have an advice line and they would be able to advise you on this too. The advice line can get very busy, so you might have to be patient in getting through.
It’s better to be absolutely sure, before going ahead.
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