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What is a "certificate under section 41(2) of the Children's Act"?

(3 Posts)
ChangingWoman Thu 29-Mar-12 22:09:22

We've just received notification of the date for the Decree Nisi in our amicable divorce. There was an additional piece of paper enclosed saying that the judge was not satisfied to issue a "certificate under section 41(2) of the Children's Act" because we were still living together (for financial and childcare reasons).

Neither of us know what this piece of paper means or relates to and I've done a quick Google but nothing obvious leapt out at me.

With the earlier papers, we did submit a draft of the agreement about children and money which we drew up to form the basis of a consent order (the only bit where we're involving lawyers) but this was just to support the statement of arrangements for children.

Could anyone tell me what this certificate is and whether we need one?

Thank you!

countydurhamlass Fri 30-Mar-12 19:56:07

a "certificate under section 41(2) of the Children's Act" is where the judge says he doesnt wish to make an order within the divorce proceedings about where the children will live and contact. Usually when people have separated and living apart and everything is going well with the children it will state that the judge has recognised there are children but he doesnt wish to make an order within the divorce proceedings. As things are up in the air and at the moment you are still living together things will change and therefore i presume he may want you to file something later to say what the arrangements for the children will be.

ChangingWoman Tue 03-Apr-12 00:07:26

Thanks countydurhamlass.

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