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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1171
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have moved back near to my children and my ex has agreed

Resolved Question:

I have moved back near to my children and my ex has agreed verbally to some arrangement for shared care of the children. Previously we have an order from some years ago where I had the children on alternate weekends. I've got a court hearing soon, we've both been to mediation but don't want to pay for more mediation as it's expensive and we both agree on the way it's going to work.
My question is I think I need to write up a consent order based on what we've agreed, then in court we can just hand the document that we've agreed to the judge, they will ask us both if we agree to it and then make the order. We are both not represented so I'm not sure if I need to write the consent order myself or should I just list out what we've agreed and then the judge will write up the order from that ?
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your question. I am a family solicitor.
I note that you are due to attend court shortly in relation to the time that you spend with your child.
If you do manage to reach agreement prior to the court hearing then you can confirm the position to the court. As you are litigants in person then you would be ok to simply confirm the terms of the agreement to the court and ask for the courts approval to an order to be made in those terms.
Courts do prefer parents to agree about the time that the child will spend with both parents, rather than the matter having to be adjudicated.
The courts have a 'no order' principle. This means that the court should not make an order unless it considers making an order is better for the child. Sometimes if parents are agreed and there is no dispute the the courts might consider that an order is not necessary - however as you have not managed to agree in mediation then a court might consider that an order is necessary although I do consider that the court would not agree that the reason why this matter was at court because mediation was expensive.
Kind Regards
Caroline
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