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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33385
Experience:  Over twenty-five years experience
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My wife left the family home in January with my two children

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My wife left the family home in January with my two children prior to leaving I agreed to have the children on the nights she worked as I had been doing for 15 months prior to this. I am attempting to formalise the child care arrangements and made a court application to formalise this arrangement. I went to a MIAMS which my wife has not agreed to partake in. I submitted a C100 form and C4 form to the court as I do not know where the children are when staying with my wife. The application has been returned stating that the court requires a draft order signed by both the respondent and applicant concerning the court order I am attempting to formalise. I don't know where to go with this now as from advice I was given I only needed to attend a MIAMS to be able to submit an application to the court to formalise child care arrangements. Can you help?
This sounds to me like a mistake by the court - you do not have an agreed order and at this time you are not seeking one. You basically are applying for contact and want to know where your wife is with the children - is that correct?
Customer: replied 2 years ago.
I have contact but am just seeking to formalise the informal arrangements we had before she left I basically have the children 4 nights/ week when my wife works as she works night shift. I am unclear what the draft order is they are requesting how do I respond to the court?
I get you. You basically have two options - either a CAP04 - for you to set out an agreement on an A4 piece of paper - with the name of the parties; the children's full name and DOB - then the arrangements as they have been agreed - with both of you signing and dating the bottom of the agreement. This can then be sent to the court and the court can itself convert into a CAP04 for you. I hope that this helps - please rate positively.
Customer: replied 2 years ago.
Don't think you get it my wife is not communicating has not responded to my referral for mediation and ignores any requests I make so she is not going to sign such an agreement. She has applied and is receiving child maintenance from me on the basis that that she told the CMS I have the children 3 nights/wk. I told the CMS I have them 4 nights/wk and they asked if I had a court order for this arrangement which I do not have and without a court order they believed her. Therefore it is not in her interests to sign an agreement hence the reason and ithers I am seeking to formalise the arrangements with a court order application. Where do I go next?
Thank you that is a lot clearer. The court are wrong to request from you a consent or draft order. You need the court process to properly commence. I would telephone the court tomorrow if you can and advise them that your application needs to be put before a Judge (for box work and gatekeeping) and that the Judge should either make the order as per the C4 or list the matter for an urgent hearing so that he can make interim orders (to formalise the current arrangement) and list for further directions. Happy to discuss. Please remember to rate positively
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Customer: replied 2 years ago.
Thanks it is somewhat complicated and often difficult to explain the circumstances fully in this kind of forum. Will contact the court tomorrow.
My pleasure - please rate positively - then happy for you to come back tomorrow if you need any further help