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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?
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?
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.
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