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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34274
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Is it a straightforward matter to amend a mutually agreed contact

Resolved Question:

Is it a straightforward matter to amend a mutually agreed contact agreement? My 8 year old son lives with his mum and stays with me, his Dad, 2 nights a week. This was agreed between us in the middle of a custody case, without the need for it to go to a judge to decide contact. This was 3-4 years ago now and my son has now announced he would be happier living with me. His mum has "agreed" to doing this in 6 months time if our son feels the same way. But has told me it is likely to require court proceedings etc whereas I feel that as it was agreed mutually then this wouldn't be necessary. Can you please advise?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youIf you both agree to a change then there is no need for any court application - if not there will be - and be warned 8 is too young for a child's wishes to be decisive in the matter,One option would be to take a progressive approach and suggest that you simply have one extra night a week and see how that works out I hope that this is of assistance - please ask if you need further detailsClare
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