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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Ive told my ex he needs to do a written agreement with me to

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Ive told my ex he needs to do a written agreement with me to see the children because he couldnt put his phone down while here to see the kids so the verbal agreement has failed. Now he is threatening me to court saying i have denied him his rights even tho all ive asked for is a written agreement before he takes them which he is refusing. Were do i stand?

Hi, thank you for your question. Please would you confirm the following:

-How old are the children?

-What are the proposed arrangements and do you agree with the arrangements?

Customer: replied 1 year ago.
We have 4 aged 6,3,18month and 16weeks. Ive said to keep uptodate contact for children only see each other when he pick up and drops of children. Were to cooperate amd allow one off alterations if needed to contact. He is to have 2 children on one school night for 90minutes back in time for bath and bed then the other 2 children another night. He can have 2 children one weekend for the day and the other 2 the following week. To change to over night once he has his own place to live. This is mainly.due to their ages and he only has a 3 seater van. He only has to pay for school uniforms and i will pay everything else.

Thank you - and you are still proposing these arrangements and the only issue is having it in a written agreement? Or is there anything else he disagrees with?

Customer: replied 1 year ago.
I am but he saying it is bullshit (this is his words) and he wont sign. Id happily still offer i have also offered him to come and us write one together and he keeps refusing telling me he will see me in court

Thank you for confirming. Firstly, in relation to child arrangement matters a written agreement between you is not a legally enforceable document unless it is reflected in a court order.

He of course has a right to make an application to court for a child arrangement order, which will be a legally enforceable document and he must satisfy the court that he has considered mediation, or an exemption from mediation, but I am afraid there is nothing to stop him from making an application to court.

You should therefore consider, on balance, whether there is a necessity to have a written signed document from him given it is not a legally enforceable document. In the circumstances, an email from him confirming the arrangements will have the same effect as a written signed agreement.

I 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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Customer: replied 1 year ago.
Thank you i will youve told mw what i already tried telling him

No worries, I hope it goes well. If you have any questions in the future you can ask for me directly by starting your question For Harris