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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My son and his wife seperated a year ago. Decree absolute

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Hi, my son and his wife seperated a year ago. Decree absolute due in a few weeks, consent order gone to the judge ( hopefully to agree!) Agreed 50/50 residence of their 4 year old daughter. Ex wife is suffereing from mental illness - diagnosed as anxiety and depression by Dr, but psooibly Borderline Personality Disorder. She has 'sent the child back' to my son half way through her residence time now for months. Often in distressing circs. Sometimes after she has had alcohol. She has 'agreed' that my son should have the litte girl for 9 days in 14. This seems to be working well, but what would the situation be if she changed her mind?? This is a family based arrangement, not agreed by the courts. PS all parties have suitable accom near the childs school/childminder etc.
Hi, thank you for your question.
As this is all an agreement by your son and his wife, there is nothing to enforce any arrangement they have agreed.
However, if your son feels that the arrangement is working and he wishes for it to remain in place, then with the agreement of the mother they can submit a consent order to Court to be approved. If approved by the Court the agreement will be enforceable and any variation (without both parties agreeing) will need to be made by the Court.
Customer: replied 2 years ago.
My son wishes to avoid court involvement, as it makes his ex wifes mental health worse. If it does become contested, would the current arrangement likely remain in place? Should my son be keeping records of what has been happening etc, in case it does end up in court?
The Court will have to look at all the facts of the case when deciding and without detailed information from both parties it is difficult to say whether the current arrangements will remain if decided by the Court.
It would be helpful for your son to keep detailed records of all contact, handover, missed contact and any issues that have arisen as this will form part of his statement if the matter proceeded to Court.
Harris and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you.