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Getting parenting plan set in stone / legally bind

  • EdHeffernan
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25 May 17 #492604 by EdHeffernan
Topic started by EdHeffernan
Hi guys - apologies if this is covered to death, but mot sure how to search...
Have had kids with-held out of spite, as is common I see, but after showing all her accusations and reasons were bogus, we have now created a parenting plan which gives me 50:50 and confirms all general shared arrangements... She is happy to sign this, but as its not legally binding, how can I enforce this / get it made into a legal doc as she has a history of mood swings and random changes of heart. I want to go asap while its friendly but not sure how as the C100 seems to instruct investigations etc - all I need is the existing plan legalised somehow so if its done soon I'm hoping to avoid all of the beurocracy and CAFCASS etc - anyone have a clear route for this? Thank you!

  • rubytuesday
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26 May 17 #492616 by rubytuesday
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Welcome to Wikivorce.

If you are both fully in agreement, then it is possible to get an order by consent. If this is the route you both want to go down, then I suggest you call the Wikivorce helpline and speak to them about a child Consent Order done by Simon of Brethertons. Note that may still trigger the required safeguarding checks by CAFCASS.

However, the courts do operate on a no order principle, and it may be that you will need to see how the arrangements work in practise first before it being appropriate to make an application to court.

FWIW, I think you should give everyone time to allow the arrangements to bed in, keep a diary of any disagreements or incidents that show the agreed plan isn't being adhered to. Make sure your parenting plan is comprehensive and covers and provides for all aspects of your children's welfare and care.

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26 May 17 #492629 by EdHeffernan
Reply from EdHeffernan
Thank you - much appreciated -- I have a good doc I think, just a very serious history of her flipping in anger hence need it set in stone while she is in that mood - have endured weeks at a time with no access then suddenly its all 50:50 again, etc, so its worth nothing to me unless certified...

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