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C100 Child Arrangements VS Consent Order

2 replies

NewMamaSummer · Yesterday 09:22

Hi

Looking for child arrangement order advice/ C100 please.

I did a MIAM with the aim to mediate with ex to get solid parenting plan in place. The
mediators reached out to them, ex made excuses to not mediate, lied about funds, kept dragging out process, even gave ex a lengthly extension- no response in the end.

As ex refused to engage, I got my C100.
My original plan was to mediate & come to an agreement then do a Consent Order, get it drafted as a legally binding document. To keep us out of court.

Now ex has not engaged my only option is to go to court for child arrangements order & I’d like a “lives with” order within it.

How likely is a judge to grant “lives with”?

I am reluctant to go to court but feel no choice. I do not trust ex, they are from abroad & there are concerns around them moving away/ travel or taking child (threats of this previously).

Child already lives with me, homeowner, I stayed near to childs school as not to uproot child further (ex didn’t, they are renting further away). Schedule is rolling 6 nights with me, 2 nights with ex, sometimes the 3rd day but not the overnight. Holidays, ex does more but nowhere near the 50%.
Ex has PR as do I.

Aim is to future-proof, provide stability for LO, child is school age reception, so cannot advocate yet, want them to have good maintained relationship but need some legally binding order around ie travel/ birthdays/ holidays/ Christmas etc.

I can give info on many other things regarding ex’s moral character but irrelevant in a court.
From a child arrangements perspective lack of communication, stonewalling, deliberate lack of forward planning, playing games that creates issues, causes instability etc. Had to involve CMS due to attempted financial abuse for example.

Anyone have experience of this of similar?

Will this make things worse?

Is this wasting court time as some things are already loosely agreed?

OP posts:
Passaggressfedup · Yesterday 11:17

It is possible the judge say you have to try mediation first and tell.him off for refusing to engage.

Otherwise, you make your case, he makes his. Judge decides. They often request a section 7, carcass doing an assessment. It's a long process.

Passaggressfedup · Yesterday 11:19

Just to reminder, the court can't make him be a good father.

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