[Solved] Legal signed conditions

Hi Horizon,

The only way you can make such an agreement legally binding is to have it enshrined into a contact order.

If I recall correctly you were looking to make an application for residency, did you go ahead with that application? If so your solicitor (or you) may be able to vary the application, but they will be able to best advise you on how to do this.

Whilst a two hour drive is quite a journey, I don't think that it's too much for an 8 yr old. He may get a little bored, but if you stop for a bite to eat on the way home it would probably help break the journey up for him.

FM '70

[hide]Hi Filmmaker_1970,

Yes that is correct and it still stands that I only went for advice and didn't actually go ahead with it. So I have to make a decision to let them move or apply for residence. My ex has just told me that she is applying for jobs and is looking for schools etc down there. Im just thinking of the alternative and thinking what is best for us three. If I agree to what she is saying and move, it gives me some control back to arrange contact that is consistent and I can start to have some good times with my son. At the moment he's taking sides with his mum so everything is so hard for us all, plus if I go to court this hard life will continue and she will continue to make things difficult.

I was thinking of the same thing about stopping for tea somewhere on the journey and it gives us something to look forward to.[/hide]

It seems like you may have worked out an acceptable comprimise?

Getting a contact order is an easier and quicker proposition than a residency order, especially if your ex is not going to contest the application. Obtaining residency may be quite difficult if your son is siding with his mother on the proposed move and I would imagine that she would definitely contest an application for residence.

Any agreement that is put forward by your solictitor, even if your ex accepts the terms, is not a legally binding contract. It may be that your solicitor draws up terms of contact and you can apply to have it enshrined within a court order. Alternatively it may be cheaper for you to apply for a contact order, enter into mediation and take any agreement you make with your ex back to court to be enshrined in an enforceable contact order.

If your ex is offering this level of contact, and you are agreeable to it, I would tell her that you'll probably need to attend at least one court appointment to have your agreement legally ratified.

I would say that it's best to get this sorted before she moves out of the area. If all you have is a verbal agreement and she goes back on it, then you will be looking to start this process again by applying to a family court based two hours away. This is because you would need to apply to the court nearest to where the resident parent lives. You'd also have to use this court to enforce an existing order, should she break your agreement.

Always best to be proactive when the ex is prepared to be compliant...

FM '70

[hide]thanks this makes a lot of sense..... Do you have to go into mediation? or can me and my ex draw up some terms and forward to the court to be enshrined? As part of the terms I will be asking my ex for an application for parent responsibility if I decide to not apply for residency.[/hide]

I think in this particular case, given that you're going to court for PR, and that your ex doesn't appear to want to contest this, you may not need mediation. You could (and should) raise an application for a contact order that can be defined by the terms that your ex has agreed to. I would think that she'll still need to attend at least one hearing to confirm that she's happy with the terms of the order, but I imagine that a court could deal with both issues pretty swiftly...

In addition to the terms already agreed you could perhaps ask for regular midweek telephone/skype contact with your son? Also remember that your weekend with him may fall on a bank holiday weekend, so you may wish to extend your son's stay on those occasions for an extra night. The reason I suggest being very specific about this is because some ex's may not actually break the terms of a conatct order, but may choose to make life difficult by honouring the order quite literally and ignore any future requests for flexibility or variance. That's not to say she would, but if you have an opportunity to agree everything now it certainly beats going back to court to vary an existing order.

[hide]Is it worth going through a solicitor to apply for PR? I have recently put a few terms to my ex and she seems open to me applying for PR.
We have also agreed when I would have access, this would be every two weeks from fri to sun. If we have agreed this and we are wanting to keep things amicable is it worth me applying for a contact order? Im afraid we have agreed this and the promise of this arrangment starts to change. Things might not change as she has said our son needs to see me and she agrees he needs his dad.[/hide]

I think you can apply for PR yourself and perhaps apply for a contact order at the same time. PR would need to be established first and then the contact order itself...

I'll ask one of the other Dad's to tell you a bit more about applying for PR!

FM '70

I would say that, with the sound of the way you are going, the best way forward is to simply as your ex if she has any objection to you applying for PR and a contact order if you can agree the terms beforehand - it sounds as though she may agree to it if it's by mutual agreement, and that way you aren't springing anything on her. I'll ask the CCLC to give an opinion on this, so keep checking back

Hi horizon,

To apply for PR, you will need to raise a C1 form. Detailing that you are applying for Parental Responsibility.

In terms of PR, i always argue that having it legally is very important. It allows you a say on all the important matters concerning your childs health, welfare and wellbeing.

If your ex is agreeing to the Contact Application you are raising. You could in fact write a letter on her behalf for her to say that she is in agreement that [DAYS] and [TIMES] can be put into an Order. Provided this is signed, you can simply present this at the hearing. Although she should attend ideally, some mothers often don't want the hassle and can opt to do this.

Dear Horizon,

If the mother is in agreement with you having PR then you would need to obtain a C(PRA1) form. This is a PR agreement and you have to fill it in and take it to your family proceedings court with the mother present so that your signatures can be witnessed. There is a fee for this however you would need to check with your court as to how much this costs. If the mother does not agree to you having PR then you can apply to the court on a C1 form and this application costs £200. You do not need a solicitor to represent you if you are happy to represent yourself. These forms can be downloaded from www.justice.gov.uk or obtained from your local family proceedings court.

If your relationship with the mother is amicable then there is no need to apply to the court for a contact order. Court should always be a last resort and the court has something called the ‘No Order’ principle. This means that the court will not grant an order if things can be agreed between the parents. You may want to draw up an agreement so the two of you have something to follow, this will not be legally binding but could however be used as evidence if the matter had to go to court at a later date.

If you have any more legal questions please do not hesitate to contact us.

Yours sincerely,

Coram Children’s Legal Centre.

[hide]Ive already put it to her about applying for PR and shes going along with it. I mentioned the contact order/PR but she thinks im over reacting but I dont think i am at all, Im just protecting my relationship with my son. I will ask her again if she has any obligation before I commit. So getting something in balck & white and presenting it at a hearing sounds like the plan. Ive got a feeling she might not want to attend court, but she would rather just sign something so I guess she would opt out..

You've said raising a C1 form I could do myself which seems straight forward, but what about PR? Is this possible to do without a solicitor? I just need to try and do this without unnecessary cost.

Thanks for your help guys, much appreciated.[/hide]

Wow thank you for this response, this is exactly what I was looking for ChildrensLegalCentre

You guys do a great job here and have been a life saver.... 😉

[hide]You talk about drawing up an agreement between us both, could I just right something up and get my ex to sign it? or is it worth going through a solicitor to draw an agreement up?[/hide]

I would just draft a letter of agreement and let her sign it. Alternatively email it to her and have her agree that she's satisfied by return. These days an emailed consent is as good as a signed consent...

... it may have no basis in family law, but it does establish an agreement and in the event that you need to seek the intervention of the courts, you have something that evidences that agreement.

FM '70

Hi horizon,

Indeed, standard letter form

Her name and address top right hand corner

[DATE]

To Whom it May Concern[/u/