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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34585
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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Me and my girlfriend are splitting up She is refusing to

Resolved Question:

Me and my girlfriend are splitting upShe is refusing to discuss and agree parenting plani have created one one Splitting Up? Put Kids First which she has refused to reply toowhat are my options to get her to agree one what i have submitted or talk so we can get on arranged?
Submitted: 27 days ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 27 days ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- how old is your child/ren?

- is there any routine or is the mother denying a relationship?

- what are your proposals?

kind regards

Caroline

Ps I need to nip out but wil answer as soon as I can

Customer: replied 27 days ago.
we live together so the plan is for while we live together to define how time is spent now but also for when we split1 girl,1 year 10 monthscurrent routine
she see us both in the morning. The exe takes her to work.
i pick her up - we bother spend a few hours with her then one of use puts her to bed. me 3 days a week and her the rest
Expert:  Clare replied 27 days ago.

As you know we have spoken often

The level of animosity between you and your ex means that agreement will not be reached in this way.

You should arrange to attend a Mediation Information and Assessment Meeting with a family mediator - if your ex will agree to mediate then fine - if not then you can consider applying to the Court for a Child Arrangement Order setting out what should happen when you are actually living apart

Customer: replied 26 days ago.
I submitted the c100 form to the court and filled in the 2 pages as attachedI would like to confirm the c100 is the correct form and what i have filled in is sufficient - someone said i would not get an arragements order via this method.i did use the exact term child arrangements order onwhat i submitted - is used plan, i think its clear what i'm looking for.
Customer: replied 26 days ago.
This is what i received from themThey are claiming not to understand!
Customer: replied 26 days ago.
did not use the exact term
Expert:  Clare replied 26 days ago.

What she is saying is that she does not know exactly what your plans for christmas are - and you certainly cannot rely on any agreement made before the child was born!

Customer: replied 26 days ago.
What I have written there is that sufficient for the court to make or force a decision on the parenting plan I submitted or child arrangement order?
Customer: replied 26 days ago.
I asked for 3 things. Parenting plan /arrangements orderShe cant relocate abroad with our daughterAnd for this Xmas
Expert:  Clare replied 26 days ago.

No i am sorry it is not.

You should be asking for a Child Arrangement Order setting out out how the child will share time between you in the general duture

A prohibited Steps order preventing your ex from removing the child from the uk

and a Specific Issue Order regarding the christmas arrangements

Customer: replied 26 days ago.
It seems they got the xmass part and are ignoring the rest.I included the arrangements plan I attachedSo are you saying what I've written is insufficient? I ticked the box for the probhited steps order.So I need to re submit clearly stating the arrangements order part?
Expert:  Clare replied 26 days ago.

The Parenting agreement you have drafted is not of any great relevance now I am afraid.

The Christmas issue should be dealt with urgently - but the issue of the ongoing arrangements will now be dealt with by the court in the usual way and this will not be in the form of the Parenting Agreement that you have submitted

Customer: replied 26 days ago.
Ok how will it be handled please
Customer: replied 26 days ago.
Her aim is to allow me to spend as little time with my daughter as possible
Expert:  Clare replied 26 days ago.

You have made an application for a Child Arrangement oRder.

CAFCASS will speak to both of you to identify any Safeguarding issues incase there are any problems regarding violence or drugs etc.

If there are none then the court will encourage you to reach an agreement about how the child will shar eher time between you and if that fails then there will be statement sand a hearing at which evidence will given and the court will decide

Customer: replied 26 days ago.
Ok well she will not agree anything with so I am at the mercy of the court thenIve no idea how they work
Customer: replied 26 days ago.
It seem everything is in her favour
Expert:  Clare replied 26 days ago.

The ocurt will listen to the evidence that you both give and then make a decision - she has no more rights than you do

Customer: replied 26 days ago.
ok so at the end we will come out with an arrangements order
Customer: replied 26 days ago.
im relying on this. we were ok with everything except that i wanted her with me 2 days a week. So she spent last Christmas with her. Now this Christmas has arrived she is refusing to let her stay with me citing the breastfeeding excuse, yet according to her and that laywer she can spend every other weekend and 7 days in row with me.as for not knowing i texted her that for Christmas id i plan on spending a few days with family\friends - her response was no! claimed we had not agreed on last year, that attached communication was without prejudice, that she not going to let her spend it with me
Customer: replied 26 days ago.
i've also texted many time asking what are our\her plans for Christmas\new year!!! she refused to respond to any!
Expert:  Clare replied 24 days ago.

That is fine and it will be dealt with by the court

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34585
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you