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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 32956
Experience:  Over twenty-five years experience
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I am struggling to fill in a c100 consent order, me and

Resolved Question:

Hi, I am struggling to fill in a c100 consent order, me and my ex have 2 children and have hd various agreements which have all resulted in him breaking them, often by refusing to bring back or threaten ten return of the children. Over the last year there have been 6-7 changes. I had an agreement drawn up by a solicitor (following unsuccessful mediation) which he agreed too but he had also gone against that with regards ***** ***** the children. I am continually sent spreadsheets with him trying to make alterations and want to get a routine put in place that is recorded with the court. If we get a solicitors agreement drawn up with the latest arrangements (or is this the parenting plan) do I check the additional info box saying "are you applying for an order to formalise and agreement" and is this the quickest and easiest for all to getting this sort of thing sorted? What should I expect once submitting the application? Thanks (and sorry for the long question!! But I'm really stuck :-) )
Submitted: 1 year ago.
Category: Family Law
Expert:  Thomas Judge replied 1 year ago.
Yes this is correct. You should tick that box. The court will then usually draw the order up and forward to both partiesPlease remember to rate
Customer: replied 1 year ago.
Thanks, ***** ***** a bit confused though.
Is the agreement a form - I have seen the D81, or is it a general solicitors agreement or is it the cafcass parental plan?
Also if both parties agree and the form is submitted to the court do we have to attend a hearing?
Obviously solicitors fees are not cheap and I have spent a lot on the process already, so is it best to use a parental plan for the solicitor to use in drawing up the agreement? Will the other party need a solicitor too?
Thanks
Expert:  Thomas Judge replied 1 year ago.
Firstly you do not need solicitors. I use the CAFCASS parental form, I attach it with the form C100 and invite the court to make the order by consent signed by both parents.
Customer: replied 1 year ago.
Thanks, ***** ***** do not have to use the solicitors? Providing both parties can agree to the parenting plan from cafcass.
In your experience, providing both parties agree do the courts tend to put the order into an agreement?
Will we still be required to attend court? Or is the order agreed and formalise day the court without the need for this?
Thanks
Expert:  Thomas Judge replied 1 year ago.
You do not need to use solicitors. The court can simply agree the order, but they will often expect the parties (without solicitors) to attend at a first appointment (where CAFCASS will also be there) and make the order there and then.
Customer: replied 1 year ago.
Thanks,
This should be the last question and I am really happy so far.
What cafcass form? Is it just a parental plan or is it a specific form off the cafcass website?
Thanks again
Expert:  Thomas Judge replied 1 year ago.
Cafcass have provided pro forma parental plans - but basically you are setting out the plan in a schedule or simply a piece of paper - setting out in writing what the arrangements are in a clear and concise fashion. Similar to the contact log - https://www.cafcass.gov.uk/leaflets-resources/policies-and-templates-for-secs/forms,-templates-and-tools.aspx
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 32956
Experience: Over twenty-five years experience
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