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Court?

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  • Court?

    July 2017: arrangement agreed by both parents towards maintenance and childcare - both signed but not legally binding. 50/50 split over 2 weeks.
    Nov 2017: divorce finalised. clean break clause included.
    Sept 2018: arrangement altered after discussions towards taking children to school on my days during the week.
    Jan 2019: children withheld by mother so she could enforce a change i would willingly have agreed to had she discussed with me first. i conceded so i could see my kids before she explained what she wanted properly.
    Nov 2019: threatening to withhold kids until i concede to a change that is unneccessary.

    There's more to the whole story, but this is what I'm trying to deal with now.
    Do i need court, and make everything legally binding?
    What is considered when it goes to court?
    Will all of our past be brought up - safety concerns etc...?

    Thanks
    Tags: None

  • #2
    If one party is not complying, one option is to go to court to obtain a child arrangement order. This will be a legally binding order that both parties must comply with. However, before you can attend court you must attend a mediation meeting to attempt to resolve the issue externally. If the agreement made in July 2017 was a result of mediation, you can state this on the court application form. The court form for child arrangement orders is called a C100 form.*
    During the court hearing the focus will be what is the best interest of the child. The court will be aided by a*Children and Family Court Advisory and Support Service (CAFCASS) officer who will take statements from both parties as well as the child. Unfortunately this means that if there have been issues or concerns in the past that from the court's perspective is likely to impact the health and safety of the child, they are likely to be taken into consideration. If you are worried about confidentiality there is a C8 form you can complete to accompany the C100 form.
    I hope this helps.
    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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