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Do we need to do a child arrangements order if he's the step dad?

7 replies

Wrybread · 31/05/2020 12:56

Splitting amicably from a short marriage. I'm not sure from the form whether we need to do a child arrangements order or not?

Nor whether my two dc count as "children of the marriage" when he's the step dad and has no dc of his own?

OP posts:
MashedPotatoBrainz · 31/05/2020 12:59

'Children of the marriage' means children born during the marriage.

madroid · 31/05/2020 13:01

No. They need never see him again if they don't want to.

Destroyedpeople · 31/05/2020 13:03

No unless he'adopted them they are not 'children of the marriage'.

Wrybread · 31/05/2020 13:09

Thank you, that makes everything a lot simpler 🙂

OP posts:
Collaborate · 31/05/2020 13:27

In the context of divorce it is "child of the family" that has more significance. If his step-children have lived in the same household as you both then they are children of the family.

In the context of arrangements for future contact, you are able to agree whatever you want between yourselves, although you may expect the children's natural father to have a say in those arrangements. The court only gets involved in the event of a dispute.

Wrybread · 31/05/2020 14:54

So, I'm confused...do we need a CAO or not? He's not wanting to formally spend time with them.

And on the form do I list my dc but tick the "other" box?

OP posts:
Collaborate · 31/05/2020 19:57

What form?

You only need a CAO if there is a dispute that you cannot resolve.

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