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Separation In Absence Of Seperation?

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  • Separation In Absence Of Seperation?

    Evening All,
    Unfortunately, I am the typical poster with nothing to offer in terms of advice, but am looking to contract law later so you never know.
    My partner and I have a child together. She has Bipolar, and was ultimately removed form the household on the advice of social services, due to her treatment toward our son and myself. I wont go into details as its not proper format to do so.
    There was physical violence involved, and we are currently still together but living separately. Ultimately, she is looking toward a new medication, and is looking for supported living as she is incapable of looking after herself at this stage.
    From what I was able to research, in custody cases in general, there is a requirement to go through arbitration to try and resolve disagreements. The problem here is that there is not a disagreement as such, she sees him on weekends, and we are still together. She is happy with the current situation.
    Is it possible, to make an informal agreement “formal” or legally binding? Essentially, what I am looking for, and my partner is currently in agreement, is a legally binding agreement that my son should live with me at all times, and have a drafted access arrangement. If things get better then great, but of they don’t it gives me and my son a sense of security and understanding of what the future may look like.
    Can we draw something up between us and get it passed through as a legal agreement? In the absence of potentially splitting up in the future and having a messy case. He has lived with me and me alone for the past 2 years, (he is 5) and I am aware that should it come, in the circumstances the courts would need a good reason to leave him with me and I am not sure what the outcome would be?
    Appreciate all your help, and if you would prefer to point me in the direction of an organisation that can help, feel free, as I am slightly clueless here and concerned that as the father, if left with nothing in place and when things potentially get messy in the future, I assume I would be at the disadvantage.
    I should add that my relationship with my son is strong, and he has recently, with a lot of hard work, gone form being unable to participate in school and hiding under desks, to being able to spell
    *
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  • #2
    You can only get a legally binding child arrangement order if you are officially separated. If you do separate in the future and you still agree on the living arrangements, you can get a legally binding order drafted with the help of a solicitor.

    You may wish to draft an informal arrangement and both sign it so that if you do go to court in the future, you may be able to use this to argue for the original agreement.

    If you do separate, you will have likely have the following options:

    - If you agree; you will be able to create a consent order that is legally binding without having to visit the court
    - If you cannot agree, you can attempt mediation
    - If you cannot agree after mediation, you will need to attend court and the court will make a decision
    I am a law student undertaking work experience on the LegalBeagles forum. My advice is from my own experience only and is given without liability. If in any doubt, please contact a regulated and insured legal professional to seek further advice.

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