[Solved] specifics to be included in final court order

Others to be included at pick ups and drop off I.e grandparents,fathers day,Xmas Time maybe boxing day,bdays,term time half holidays if In school

You will need a separate order every year of you wish to go abroad or holiday for a week with your child unless your ex is agreeing and you trust her

This is just an example but could be as follows;

Child spends time with father as detailed below;

Alternate weekends - pick up Friday from school, return to school Monday. Another family member may assist with handovers.

Weekly Wednesday overnight contact from 5pm - collect from mother's home, return to school Thursday.

Bank Holidays and Inset Days where they fall on a scheduled weekend with the father.

Alternate Birthdays or time with each parent.

Alternate Christmas & Boxing Days or time with each parent on Christmas Day.

Mother's Day with mother, Father's Day with father

An opportunity for the child to see the father on his birthday and the mother on her birthday

School Holidays to be shared equally - Half terms to handover Wednesday lunchtime, 1 week each at Easter, 3 weeks each (not necessarily in 1 block) in the Summer & 1 week each at Christmas.

That's just an example - if there is currently no contact or you are asking for more than is currently happening and the child is quite young - you could start with 'detailed below is the eventual order I am seeking. I understand it may take some time to progress from the current situation to that proposed, and respectfully ask that any order allows a schedule for progression to save a return to court in the future'

Thank you Danbruno and Yoda.

I feel that i should probably be looking for a progressive order?..... from what I've read as the communication between me and my children's mother being limited and 'difficult' as it is.... also my eldest (8) would like to live with me full time but i don't believe this would be possible due to the resistance of the mother???.... at what age would my son have to be to have a say in matters? how best would i be able to record his wishes now?..... there are no issues with Cafcass as they said that there is no need to be involved anymore.

Also should i include details about handing over of passports?... or the mother undertaking half the transport if she moves away in future?, etc etc..... i don't really want to tie it down with all the nuts and bolts and come across in the wrong light..... but i certainly want to ensure that there are as few issues as possible given the difficulties so far... i can fore see whats going to happen and i want the children to be affected as little as possible.

Danbruno what do you mean about requiring an extra order order every year?..... my understanding is that the final order lasts until my children reach 18 or as such a time as a variation order is applied for? I also intend on taking my children on holiday abroad whether she likes it or not!... that's not her call any more now I've been vindicated.... should i also include a note about both parents giving a months notice about our kids going on holiday anywhere.... I was mentioning to my kids about going away during the summer but apparently shes already go her summer holidays booked (kids have been really upset saying that they would not be seeing me over the holidays due to seeing the calendar at home) and the summer holidays already blocked out between herself and her dad for having kids! 🙁 I know this will change but still frustrating.....

what should i include that would make things easier as my children grow.... things are going to change for us all... bluddy orders.... why oh why.

my kids are 8 and (almost) 5

At 8 and 5 the childrens wishes won't carry an awful lot of weight but might be taken into account somewhat

You ask for what you would like eventually and suggest a progression - the court would be likely to decide the schedule of progression if this is a fully contested final hearing

A court won't order about travel or anything else if it hasn't happened yet

A Child Arrangement Order lasts until the children are 16, not 18

You can suggest that arrangements about passports and agreements about foreign holidays need to be part of the order to save a return to court at a later date

You will only end up back in court if your order doesn't cover an issue or the mother breaches it

You want an order to be comprehensive but you don't want to tell the court what to do - if you're having a final hearing, it's their job to consider your requests and then decide - you have no guarantee that they will do as you ask

I was thinking that for a start i should have my kids Friday pm to Monday every other weekend am plus Thursday over night every week straight away..... after this summer holidays moving that up to two nights mid week.... and then equal shared care following next summer holidays...... is this too long a gap? or would it be better suggesting a long gap due to kids ages.... i understand that this would be a request to the judge if my children's mother continues to disagree..... i would't mind but i was the main carer before all of this..... does this matter?.... and how do you show/evedence this in court?

Hi

yoda has gone into detail very well, but your children are young and court may think that more time with mum is better than dad, It is always best to ensure that mum co-operates with you and court.. That Might mean just one night or even one day to start with.

Try to get all copies of cafcass reports and ensure that they are correct. do not get rail roaded by the court system but remain calm ,, you have a right to challenge cafcass, but they have the judges ear..... contested hearing

At the final hearing you might want to ask if you are not happy with what the court has granted that you have the right to re-apply in the next 12 months or earlier to progress the contact

hope that helps

Thanks for the advice Leydan,

I have copy of Cafcass report. this was also included in court bundle her solicitor presented judge two weeks ago.

timeline so far is 6 months ago i left home due to ex-parte orders of alleged DA... four orders requested in all..... agreed to non-mol (stupidly)..... disagreed to others.
attended first hearing and interim orders made
attended mediation which was dragged out for two months and pointless due to ex not willing to negotiate..... i now feel that this may have been a delaying tactic to ensure the status quo argument can be brought into play in final hearing if it takes place.
attended court for second time three months ago, got Cafcass report and gave me three days to present evidence refuting new allegation... evidence provided to cafcass officer and her solicitor..... new interim agreement made and cafcass no longer involved..... i'm assuming since no fact finding hearing now that alleged DA not an issue anymore?..... this evidence was never presented to the judge either though...... and is also not in the bundle from her solicitor now I've just checked.
attended court two weeks ago.... should have got more time with kids as agreed previously with her solicitor but moved the goal posts and now issue was about housing instead of DA..... judge instructed me to present statement to court presenting my evidence and what order i would like the court to make as I can't agree with ex in relation to a final child arrangement order..... i never did...and still don't want an order!!!!!

This is why i'm confused as to what evidence to present.... don't want to get hung up on past issues but i'm sure that whatever i put in as evidence..... the goal posts will be changed again and a new issue will rise RE: my children's welfare that i just haven't accounted for in my statement.

Is it worth lettering her solicitor agreeing to her terms RE: my kids residency as long as she agrees to take this out of the court system (although i don't believe that she will) and as long as she agrees that as the kids grow we will share residence more.... if she insist that there will be an order then i see no other option but to challenge it and ask for an equal footing regarding my children.... i can provide everything she can and more due to her long work hours and heavy reliance on extended family.

its so confusing and i don't want to do the wrong thing..... this is my children's futures.