Hi, thank you for your question. What are his reasons for seeking this and what steps has he taken?
Thank you for confirming. Please do not be intimidated by his threats. As it appears that the current arrangement has been in place for quite some time he would need more grounds than you have stated in order to change the arrangements for the children, especially given their health issues. By all means arbitration and mediation can assist in reaching an amicable agreement, but if this fails (or if you do not agree for it to take place), and he pursues court proceedings for a child arrangement order for custody/residence, a CAFCASS officer will be appointed to assess the application and make recommendations to the court, and the court will make a decision that is in the interests of the children.
For your information the Court will take into consideration the following when making a decision regarding the application:1. The wishes and feelings of the child concerned2. The child’s physical, emotional and educational needs3. The likely effect on the child if circumstances changed as a result of the courts decision4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision5. Any harm the child has suffered or may be at risk of suffering6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs7. The powers available to the court in the given proceedingsI hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you
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