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Now that the non-mol has expired the ex has agreed to let me have joint custody (currently I have 2 nights a week by previous child arrangements order)
How do I do it? I wont be able to afford a solicitor this time.
Is it likely to sail through court? There were no findings or undertakings from the non admittance non mol I agreed to, no issues with visits with children and I have since got a 2 bedroom property as the judge was previously concerned I only had 1 bedroom in child arrangements last year.
hi,
if your ex has agreed, then do you have to go back to court? you should only go back if theres serious disagreements about the kids, and you can not resolve it between you.
It's for things such as the 'bedroom tax' where I'm penalised for having two bedrooms because the children 'live with' mother and other rights.
Your ex is offering you an arrangement where you have children virtually half of the time.
She wont be offering you anything financially ie benefits wise including bedroom tax. going to family court you wont have any success either other than having to spend a lot of money.
I would think what contact you are wanting to arrange. you can do it between yourselves, mediation who could draw a plan up /or mediation who can draw a plan up that you both agree to and return to family court and have it done as an order. I cant see ex agreeing on anything other than contact though and be careful as you don't want to get into a dispute due to previous non mol
I was hoping for some clarity but I feel more confused now.
I know she's not offering me anything financially ie child benefits. I simply want equal powers/responsibility with my children and not out with the begging dish asking mothers permission for everything, which she said shes willing to do joint custody for. For example when my son got diagnosed with Autism a few months ago doctor said they could only send it to mother.
Regarding bedroom tax I'm being penalised for having a "spare bedroom" when my children are there almost half the week officially and extra time mother let's me have over current time with order.
When I challenged it with UC they said "In addition, according to the evidence supplied, it is evident that the children are habitually
resident with their mother. Therefore, in accordance with UC regulation I can conclude that you
are not the responsible adult for the children."
On free information I recently received I was told In Order to have joint custody of the children I would need to make an application to the Court to vary my current Order using a C100 Form. And that we both sign a consent order agreeing the terms and then file this with the Court. The Court may list a hearing for us both to attend and confirm our new agreement.
Is that correct and the consent order is that do in the c100 or is it a separate form? I really struggle with this.
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