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Hi Guys,
Complete noob here and could really do with some help please.
My Wife and I are separated for just under a year. We have a 4 year old Son whom we share 50/50 access with and have done since separation. My ex has (on a number of occasions) threatened to deny me access - although she has never carried this out. I think that this is just anger and hot air.
I am named on the birth certificate and we were married when he was born.
I have always been active in his upbringing and always been there when me and his mom were together, She is not a bad mom, but does have some slight issues with mental health and has a short fuse (there is no concern about his safety at this stage).
His mom does appear to be using him as a weapon and I dislike the fact that she has such (perceived) power over me.
I've been looking at my options recently to try and remove some of this 'power'. I don't want to end in court, and don't really want to go through mediation (simply for the fact that we appear to agree on what is best for him until she looses her cool).
My question is, is there any legal procedure whereby it can be legal binding that our agreed arrangements remain - ie, that she agrees that unless there is a drastic and negative change in circumstances, she'd unable to threaten and deny my 50% access?... I've seen 'contact orders' online, but don't know if these would be appropriate in this situation. When she has her level head on, there appears to be no dispute and she acknowledges that I am a good Father.
Thanks for your help in advance.
Cheers
RGINKS.
Hi there
I'm afraid the only legally binding agreement would be to go through court for a court order.
You could try suggesting working on a Parenting Plan. With her, the CAFCASS plan is a good comprehensive one and there's more info and a template in the stickys at the top of the legal eagle section.
Although this isn't legally binding, it might just open up discussion and give you both a chance to air any concerns you have and to get some firm co Parenting agreement in place.
All the best
If she was of the same mind as you and wanted to have the arrangement made legally binding, you could get a solicitor to help you draw up a consent order and send this off to the court for approval. That would make the order legally binding. Maybe when she's in a good mood, you might be able to talk about that possibility.
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