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Hi,
I'm trying to get a mutual child care agreement between my ex partner and myself made legally binding and have been advised a Consent Order is my best way to go.
I looked on the government website and it says you can do this online. I found the c100 form and have filled it out however I get right up to where you pay and have no option to attach the agreement?
Has anyone done a similar thing and could advise where I'm going wrong?
Thanks in advance.
hi, this is info from mediator site:
Solicitor drafts your parenting plan into a consent order and completes Form C100. Submits to court and deals with Caffcass inquiries.
I've spoken to 3 solicitors now:
One I paid for said I could submit this but the court may not make it legally binding even though we are both in agreement
The second was a free consultation who said I could just submit my agreement and the court would turn it into a consent order and I just need to pay £215 to submit it
And the third said: The family court is a little different in its children department to the financial department. You cannot just send a consent order to the court. One of the parties needs to make an application (C100) to the court and it is likely that there will be a first directions hearing. Additionally CAFCASS will be on the scene as regards a safeguarding check.
Once an application is in court and case no allocated then a consent order can be presented to the court and considered. It is not a matter, I am afraid, of using them as a post office. Hence any estimated fee (apart from the court fee of £215.00) would have to include making an application to the court and attending court. I think you are talking at least of a fee of £1,000 and the court fee to sort this situation out.
As I'm sure you can see this has left me completely confused.
Number 3 is nonsense... Number 1 and 2 are both pretty much correct.
If you write on here what contact you agreed between yourselves and age of child/children i can give an indication if it would be agreed or not. Its £215 , but they may do an interim order and get cafcass to do safeguarding checks. As long as ex dont change her mind they normally will end up writing it up as a consent order unless its totally unreasonable towards 1 parent
The contact agreed is for a 6 year old. I have him 2 days every week and then in addition to those every other Friday, Saturday and Sunday including over nights.
Holidays are to be split 50/50 and then he sees me on fathers day his mum on mother's day with the same for birthdays.
So if I complete the c100 myself how do I present our agreement as I can't see how this would be attached or is this something I would then take to court?
Appericate your help.
I can see what all the solicitors are saying. The below link details in a simple way how to get a consent order. Clearly the fee is £215, however if you then use a solicitor to assist then there are their costs to consider which should be for 2 - 3 hours (including time they discuss the matter with you and arrange for both parties to sign) and so £1,000 looks about right. You and ex could split this cost if possible. The solicitor will ensure that everything is submitted as it should be in the required format (although I don't think there is a standard format) making it easier for the Consent Order to be made legally binding.
https://www.gov.uk/looking-after-children-divorce/if-you-agree
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