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Child arrangement

21 replies

Biscuits1011 · 16/02/2023 16:29

Anyone here who can tell me how they work? Does the main parent get to choose the days times ect that the other parent has the child? Is a child’s wants taken into consideration? How does it all work? Would be great full for any information. Couldn’t find much online about it other than how to apply.

OP posts:
prh47bridge · 16/02/2023 16:52

If the parents can agree the arrangements, there is no need for a child arrangements order. The order may specify the days and times for contact and does not have to follow the views of either parent. The child's views are taken into consideration but how much weight they carry depends on their level of understanding.

Biscuits1011 · 16/02/2023 17:07

its not for me, but the parents can’t agree. The child is 6.

OP posts:
Undecidedandtorn · 16/02/2023 17:12

The parents would have to go to mediation, both say what they want and the mediator will help them come to an agreement.

TheFormidableMrsC · 16/02/2023 17:13

Mediation to form an agreement. Then a consent order is drawn up to be signed off by a judge.

TheFormidableMrsC · 16/02/2023 17:16

Also "wishes and feelings" of a 6 year old are unlikely to be taken into account. A lot really depends on the situation. If parents can agree at mediation then it need go no further but otherwise, the court will bring Cafcass in and a Section 7 report will be undertaken. All parties will be spoken to. Cafcass will then make recommendations to the court. The court nearly always follows those recommendations.

toobusytothink · 16/02/2023 17:19

They have to agree. Neither simply gets to dictate. Primary carer can’t tell the other when he/she is “allowed” to see the kids. The non resident parent may be restricted as to what days he/she can do. But mediation is the way to go

prh47bridge · 16/02/2023 17:35

They should try to agree. Mediation is not compulsory but can help to reach an agreement. If they really can't agree, the courts will decide for them, but that should be the last option.

Even though the child is only 6, their wishes and feelings will still be considered but, at that age, they won't carry much weight.

Biscuits1011 · 16/02/2023 19:58

Ok so mediation is a must? Who pays for that? Thanks for all answers so far. The main parent is saying the non resident parent has to have the child on weekends only, but the non resident parent can’t do all weekends because of work, but can do during the week instead on some weeks. however main parent says no to week days. It’s a difficult one. Non resident parent hates the thought of only every other weekend, as he isn’t used to this, he has at times had the child 50/50, so the child wouldn’t be used to that either 😩

OP posts:
ChilliBandit · 16/02/2023 20:01

And how do you fit into this situation?
How far does non resident parent live from the child’s school?

Biscuits1011 · 16/02/2023 20:12

I’m a friend of the non resident parent. So not involved as such, I just said I’d try and find out how it all works, but I’m thinking now it’s a last resort thing really going to court? The non resident parent lives a 20 minute drive away.

OP posts:
Biscuits1011 · 16/02/2023 20:13

Biscuits1011 · 16/02/2023 20:12

I’m a friend of the non resident parent. So not involved as such, I just said I’d try and find out how it all works, but I’m thinking now it’s a last resort thing really going to court? The non resident parent lives a 20 minute drive away.

Sorry, from the school it’s about 30 mins drive. But they live 20 mins drive apart. So not overly far.

OP posts:
prh47bridge · 16/02/2023 20:16

Mediation is not compulsory, although any parent taking action will be required to attend a Mediation Information & Assessment Meeting (MIAM), but it is strongly advised unless the parents are so far apart that there is no way they can reach agreement. In this situation I would advise the NRP to attend an MIAM and consider mediation, but that isn't going to go anywhere if the other parent is not going to move on the "no weekdays" position. If the RP refuses to consider any alternative, mediation will be a waste of time.

What is the RP's justification for saying weekends only? It sounds like this is a reduction in NRP's contact. Is that correct?

Biscuits1011 · 16/02/2023 20:34

It’s complicated but RP says the reason is weekends are quality time, where as weekdays aren’t because the child has school.

contact has got less and less and RP regularly messages an hour before the child is due to go with NRP that its not happening anymore. But she only does this weekdays, never weekends. So it’s come to this really..

OP posts:
prh47bridge · 16/02/2023 20:44

In that case NRP needs to take action. On the information you have posted, I would expect him to win if this gets to court unless there is some important factor that you don't know about. At the very least, he would have an enforceable schedule, so he could go back to court for enforcement if she persists in cancelling at the last minute.

Biscuits1011 · 16/02/2023 21:42

Thank you for the info. There are no other things going on as far as I know, although RP keeps saying she will stop contact all together if NRP doesn’t stick to weekends only. So that’s another reason NRP wants an order drawn up.

OP posts:
prh47bridge · 16/02/2023 21:56

The courts certainly won't support her in stopping contact completely. He should keep a diary of all this as it helps to show she is being unreasonable.

Oliviarc773 · 23/06/2023 15:13

I am 17 years old and recently broke up with my daughters father after months of arguing, since we split he has moved out and we are trying to work out arrangements for him to see our baby, she is only 6 months old and he is asking for one week on one week off, i think this is unreasonable, i have come home to him drinking whilst taking care of her but don’t want to take that further because he assures it won’t happen again, i don’t really trust him but not sure what to do, I just want the best for my baby and he is not cooperating and gaslights me everytime I suggest anything

prh47bridge · 23/06/2023 18:30

@Oliviarc773 You would have been better starting your own thread. There may now be posts on this thread for people who don't realise it is an old thread and are responding to the OP rather than you.

You don't have to do anything. However, if you and your ex can't agree, one of you will have to take it to court to get a Child Arrangements Order. It is unlikely he will get 50/50 contact while your child is this young, but he may get 50/50 when she is older.

HappyPuffin · 01/07/2023 17:04

This reply has been withdrawn

This message has been withdrawn at the poster's request

HirplesWithHaggis · 01/07/2023 17:10

Please start a new thread @HappyPuffin , your question will be lost on this one.

Moonsun88 · 01/07/2023 17:12

Biscuits1011 · 16/02/2023 20:34

It’s complicated but RP says the reason is weekends are quality time, where as weekdays aren’t because the child has school.

contact has got less and less and RP regularly messages an hour before the child is due to go with NRP that its not happening anymore. But she only does this weekdays, never weekends. So it’s come to this really..

I would take her to court, she doesn't get to dictate and sounds very controlling. Children have both parents, sound like she is will be difficult and will get worse and family courts don't take kindly to this. Unless there is abuse, drugs or any alcohol then no reason why they both can't Co parent nicely for the child's sake and come to an arrangement.

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