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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Children - confused !

8 replies

Chocobuns · 29/08/2021 20:09

What is the difference between parental plan and child arrangements? Or are they the same thing?
What should it include?
Ideally, would like to avoid court...Any examples, greatly appreciated
TIA

OP posts:
JustLookingforAnswers · 29/08/2021 21:46

I'm going through this now and my understanding is that a parental plan is something you would agree between yourselves - you can get a template online. If you then wish to, it can be drafted into an agreement and signed off by the court so it is legal.

If you can't agree (my case), you then must go through mediation before applying to a child arrangement order which would be similar to the above but the court will make the decision for you - if, like me, the father of your amazing child is an idiot who makes everything super difficult!

Hope this helps :)

Chocobuns · 30/08/2021 06:41

@JustLookingforAnswers sorry you're having trouble with this, tbh i dont know how he'll react as I'm hoping now finances are out of the way (and he was a bit difficult but with the help of solicitors we reached a middle ground agreement). So, I'm hoping we can compromise easier for the kids.

He doesnt want anything in writing, wants it to be very flexible but I cant see that working in practical terms!

I'd prefer if we had some basic guidelines and be flexible around those so we all know where we stand.

So, the parenting plan can be signed by the court if agreed, do cafcass get involved?

If not, going through the expense of mediation etc....

I really hope you get sorted !

What basic things do you include in the plan/arrangements so i can start planning, please?

OP posts:
JustLookingforAnswers · 30/08/2021 09:44

From personal experience it is best to have some sort of agreement even if flexibility is included in it - so you could write for example that you intend to have the kids every so often but both parents will remain flexible to meet childcare needs etc.

The template we used is about 7 pages long and covers everything so I think it is a good guide and whilst you wouldn't need to write an essay in each section, it does make you think of every aspect and write down what you both have agreed. Having spoken to a solicitor I believe you can also have two different solicitors look through it and sign something with both of you to show this is what has been agreed.

I never got to that point as exH changed his mind, drafted his own parental plan and emailed it to me, saying it is what we agreed 🙄

So I would say at the very least you both sign the agreement with solicitor, perhaps courts don't even need to be involved. I don't believe cafcass would be involved.

I'm still at the court application stage, submitting it this week and dreading it.

In any case, even if in the future you need to make a Court application for any reason, they would ask for any previous agreement - formal or informal - so it is good for you to have something.

RedMarauder · 30/08/2021 10:41

Sent you a PM.

Generally if you are the parent the children live with try to agree a Parenting Plan.

If he plays stupid as you can't force him to have the children when he doesn't want to, you need to work out how to play it for your own best interests.

Chocobuns · 30/08/2021 10:44

That is all very useful , thank you so much @JustLookingforAnswers , can i ask which template you used, if you dont mind?

Have faith that things will work out, good luck with it (hugs)

OP posts:
Chocobuns · 30/08/2021 11:01

@RedMarauder thank you !!!

OP posts:
JustLookingforAnswers · 30/08/2021 18:19

It is the template on the cafcass website.

Thank you 😊 x

Chocobuns · 30/08/2021 19:12

Brilliant, I'll have a look , thanks !

OP posts:
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