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Child consent order

33 replies

Gmooh21 · 08/09/2021 23:12

Hi, just looking for some advice really.

The background is that my ex partner and I seperated about a year ago. We're not married but have a 3 and 2 year old. We're still living together. He will only let me buy his share of the house (and go on to buy his own house) if I agree to 50 50 child residency. And he wants this written up as a legally binding consent order which would go though the courts.

We have done mediation and came up with a 50 50 plan that I am prepared to give a trial of but I really don't feel prepared to sign anything legally binding.

I was very anti 50 50 initially as I felt my children need a stable home and was angry as he was emotionally abusive and coercive throughout the relationship. I was also angry that he should get 50 50 when I have done the vast amount of childcare to date. Although with time I've come to realise that he is brilliant with our kids and I think if this is something he really really wants then we should do a trial.

I have serious doubts he will be able to manage the 50 50 though. He's a teacher and is so stressed with work in term time. He's frequently ill with flu or a bad back and is incredibly lazy with housework. So I think a trial is appropriate and then we could adjust arrangements if needed. The reason he wants the consent order is because he doesn't trust me as I was so anti shared residency originally. He has spoken to a lawyer who has suggested consent order and advised that he needs to have 50% of nights.

My problem is that I really don't want to sign this consent order. He is a bully and a difficult character in general and I don't want to be tied to an agreement that doesn't work.

However, if I don't sign the agreement, I can't buy him out of the house. So our only option would be to sell the house. I would definitely have to downsize to a 2 bed flat (probably in a different area). This is because house prices have gone up quite a bit since we bought our place. Ex is happy for me to buy our house at the original price we paid if I agree to the consent order. He has just been give a huge amount of money from parents. I'm feeling like now he has this money he has more power.

I feel like I have 2 options: sign the order and keep my house (and take a gamble with what will come). It could work out well as the girls would have some stability in the home they already know. My ex may well change his ways and manage the 50 50 really well. Or if he doesn't cope, maybe that's okay too as I can pick up what he can't do?

Or my second option is to sell up, downside and apply for my own court order. I would probably push for a 60:40 agreement. This is because of his significant stress levels during term time and going by historical contributions (none to housework/maintence, minimal childcare in term time). I would push for him to have them more in holidays and me more in term time averaging out at 60 40.

I just don't know what to do and am feeling so stressed out right now! I've had some legal advice but they've just suggested selling and then agreeing childcare arrangements after as both things are dealt with seperately in court.

Also, just wondered if me living in a 2 bed flat and him living in a big house would affect my chances in court of getting more than a 50% share. The girls already share a room in our house. Ex has also dropped a day at work as he can now afford this. I am currently full time. I'm doing a course which I get paid for. My work have said I could potentially defer for a year and work for them in a less senior role part time for the year. I'm thinking this would be a good option if I go down the court order route?

Any insights would be greatly appreciated. I can't really think straight at the moment and don't want to make a bad decision. Family and friends are all giving conflicting advice. TIA:)

OP posts:
Gmooh21 · 10/09/2021 09:28

@Theunamedcat

Also don't forget a consent order can be changed by the court if it isn't working for the child
That's good hear. I'm going to explore this with solicitor today.

I would be totally happy to have a 50 50 consent order for a 6 month trial but apparently that's not an option.

OP posts:
Gmooh21 · 10/09/2021 09:29

Thanks to everyone for your replies, they have been very useful.

OP posts:
Gmooh21 · 10/09/2021 09:32

@NeilBuchananisBanksy

Could you get something written into the order about a review period? Also I'd want it in writing how he proposes to deal with practicalities of 50/50 while he's in full time work. Also make sure it's clear on roles- ie dentists appointments, uniform buying etc.

Use the consent order against him as much as he is for you!!

This is a good idea, thanks😊
OP posts:
BananaPB · 10/09/2021 09:43

If you sign a consent order it's not binding forever. You would be able to take it back to court if circumstances changed.

Make sure he understands that 50/50 means he collects the kids from school on his day. Don't fall into the trap of you picking them up then him taking them to his house to sleep so that he has a night or him dropping them off at 7am so you can take them to school on his day. You deserve EOW and some school holiday time too so don't agree to him having them solely on the fun days or you'll not be able to take them away for the weekend to see your side of the family.

Have you had some mediation to work out a schedule ?

RandomMess · 10/09/2021 09:51

Even with 50:50 it could be that he has more care of them in the school holidays longer term.

I absolutely agree that you go back to mediation or just have that discussion with him that you can see he is a good Dad but you want to understand how he is going to practically manage to do a true 50:50 role. Why can't he step up now and do 50% now so he gets a flavour for it?

You could suggest doing 65:45 for 6 months building up to 50:50 then reviewing it. Whatever he does agree as you've been told a consent order can be challenged.

A long list of - who is going to be responsible for xyz, who is going to take time off if they are ill etc.

As you are still in the same house has he stepped up? How about you staying elsewhere for a week for a sharp dose of reality for him? Or even just Monday-Thursday as they are so young?

iloverock · 10/09/2021 10:18

The court generally don't like to make orders by agreement in respect of children.
If you have reached an agreement then you don't need a court order. Even if you did send an application and a consent order into the court and by some miracle they accepted it the court will still do safeguarding checks.
You'll be lucky to hear anything from court until December time.

QueenBee52 · 10/09/2021 11:42

That's good hear. I'm going to explore this with solicitor today.

I would be totally happy to have a 50 50 consent order for a 6 month trial but apparently that's not an option.

Good luck... 🎉

Skeptadad · 13/09/2021 19:25

No CMS was mentioned by other people on the thread who attribute a dad wanting to see their child as akin to robbing a mother of her CMS. I actually pay more than I should whilst on 6/14 nights as I want my daughter to have a nice time with her mum. Her mum is an utter twat but that's not our daughters fault.

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