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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 837
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I have applied to the courts of my son. He

Resolved Question:

Hi. I have applied to the courts for custody of my son. He currently is living with me since his mother went to hospital for severe depression. We have an first direction hearing 17th Feb. Both the mother and I have come to an agreement and I emailed the court today. The court has asked for a formal draft order to be signed by both parties. Can I do this myself? If so how do I do one? Any examples I can copy? Thanks.
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Welcome to Just Answer I am a Solicitor and will assist you. Court orders do not have to be difficult - in fact the simpler the better so that it is clear what is meant. Please can you confirm to me what has been agreed?- will your son live with you?- when will your son see his mother? Kind Regards Caroline
Customer: replied 1 year ago.
I wrote this to the court:
I would like to urgently notify you that both Farther (David Mather) and the respondent mother (Amanda Mather) have come to an agreement regarding the care of Jasmine Freya Mather and Theodore Thomas Sutton Mather.
We propose the following.
Jasmine to remain in the care of the mother in Manchester. This is the wishes of Jasmine who will reach her 16th birthday on the 7th March 2016. She is currently studying for her GCSEs and has been offered a place to study A levels in Manchester next year.
Theodore to remain living with the farther in Steeple Bumpstead.
1) Regular contact to be maintained with mother through Skype/Facetime/phone calls
2) Mother to spend time with Theodore alternating weekends from Friday after school until Sunday evening.
a. This will be achieved by Farther driving Theodore to Manchester once per month and this offers the opportunity to spend time with maternal family also and for Farther to spend time with Jasmine.
b. Once a month mother will take the train to Cambridge, with Jasmine if she chooses. Should Amanda choose to stay in Cambridge for a longer period, for example 5 days to a week then Amanda can care for Theodore for this period.
3) School holidays to be divided equally with exception of Mother to have all of half terms.
This agreement has been made on the basis that after the completion of year 8, the situation be reviewed and Theodore be given the choice whether to to live with his mother if she is well enough to care for him.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Thank you for your response. It sounds like - from your first post - that the court is amenable to having an agreed order submitted in your case. I do wonder how far the court has investigated the mothers mental health - have reports been obtained to confirm that there are no welfare concerns arising from this? I ask because it may well be that the court might not approve an agreed order if the issues havent been investigated. There is a set order form which you can incorporate what has been agreed - but I wouldnt normally expect the court to expect you to do this. Normally from litigants in person the court would just expect the details you have provided to me in your post. Did yo give all this information to the court in the letter you wrote? Kind Regards Caroline
Customer: replied 1 year ago.
A section 2 and safeguarding check has already been carried out. There has already been two sittings of the court. But the mother was unable to attend either of these. The mother is now out of hospital and finally agreed on a solution. The above was the letter I sent to the court. Here is there reply.
Thank you for your email. Nothing has been received at this time from the Respondent Mother. For your agreements/consents to be approved by the Judge a formal draft order should be drawn up and signed by both parties. This could then be referred to the Judge prior to the hearing and if approved, parties would then be advised there was no need for attendance. There would be a court fee to pay for this of £50.00
Until an order in this form is received your hearing will remain as listed and a copy of your email put on file to be dealt with on the day. If you do not attend at the hearing and the Judge is not satisfied with your arrangements, he will most likely set a further date for your attendance.
Muriel O'Sullivan
Expert:  ukfamilysolicitor replied 1 year ago.
HelloThank you for your response.What was the outcome of the Section 7 in respect of the mothers mental health and any welfare issues arising?Kind RegardsCaroline
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Customer: replied 1 year ago.
It was only a section 2. And as far as I am aware it just said safe guarding was complete.
Expert:  ukfamilysolicitor replied 1 year ago.
ok Just checking as I wouldnt want you to go to the trouble of drafting an order when it may have been obvious that the court may not actually have finished its investigations. It is if course still possible that the Judge considering a draft order may still ask for a hearing. Whilst I appreciate that you have already written to the court with your proposals - I once again must say that I do not think that the court would expect any litigant in person to submit the Order in Child Arrangement Order format. I think what that court is wanted from you is an agreed proposals. I would set out what has been agreed in bullet point format. Head the paper with the following titles:- Court case number- name of parties- name of child/ren Followed with a large heading : Consent Order then what has been agreed - ....... child to live with the mother....... child to live with the father ........ child to be made available to spend time with the mother as follows:......... child to be made available to spend time with the father as follows: then both sign this document. This is the template that practitioners are expected to submit: In my area litigants in person wouldnt be expected to complete the cap form - so perhaps call the court in yoour area and make sure they are happy to accept a simple agreed document. Please do not hesitate to ask if I can clarify anything for you. Kind Regards Caroline positive feedback is gratefully received