Ex husband refusing to comply with parenting agreement.

[Greatballsofsnow]

With the help of a solicitor, my ex-husband and I wrote up a document titled, parenting arrangement. The parenting agreement was to replace the court order we had in place already and stated this in the agreement. We simply agreed on the points and arrangements and signed. In the arrangement it stated the DC (9 & 11) would live with me permanently and full time. Since then he has failed to comply with the agreement at all saying it’s only a parenting agreement and he can now change his mind and we will stick with the court order we had previously.

What can i do about this? Will the court intervene with the parenting agreement we have in place?
Thanks in advance

How long ago was the agreement? How long after that did he change his mind?

You need to apply to court for a Child Arrangements Order.

Collaborate
We drew up the parenting agreement at the beginning of December 2018 to commence the end of December. He completely refused to comply with it the day before the commencement date. Is the agreement useless? We had a court order and the agreement was to replace it.
Thanks for replying

Unless the new order is signed in court, depending on where you are, the court order will supersede any private agreement, is my understanding.

Back to the order then, but you have evidence that he once thought it right to change the arrangements, so that will count for something. Won't be determinative though, and you'll have to still satisfy the court that it's in the children's interest to change the arrangements.

SD1978
Cheers for your reply. We are in the U.K. the understanding was that the parenting agreement was to supercede the court order. It was to my understanding that this was possible. But it looks like that’s not the case now.

Collaborate
Yes I have enough evidence of this which will become useful. I was under the impression however that the parenting agreement would replace the court order and be enforceable. It stated that on the agreement but now I’m finding out this may not be the case.

So in my new understanding, for a parenting agreement to be enforceable it has to be signed in court? The whole purpose was to avoid court and I was under the impression using a solicitor made the agreement enforceable.

A parenting agreement has no special significance in law. What happens though is after a period of time the old status quo (as per the order) gets replaced by the new status quo (as per the agreement) and it becomes impossible for either party to revert to the order unilaterally.

I would apply for a variation to the existing order. You can self represent to avoid excessive costs. I'm not a lawyer but have been back to court after an original order was made.

Thanks all
I was told it was enforceable so looks like I will take some of your advice and go back to court.

I mean go back to court to adjust our original court order

What is it that you are trying to change from the order to the 'agreement' ? You talk about agreeing that the DCs would live with you 'permanently and full time'. Does this mean that he is agreeing not to see them at all. That he gives up whatever he has contact-wise at present.

If I have read that all wrong , how does the new arrangement change from the old one ? And in what way has he not complied ?