Hi,
I'm trying to get a mutual child care agreement between my ex partner and myself made legally binding and have been advised a Consent Order is my best way to go.
I looked on the government website and it says you can do this online. I found the c100 form and have filled it out however I get right up to where you pay and have no option to attach the agreement?
Has anyone done a similar thing and could advise where I'm going wrong?
Thanks in advance.
hi, this is info from mediator site:
Solicitor drafts your parenting plan into a consent order and completes Form C100. Submits to court and deals with Caffcass inquiries.
I've spoken to 3 solicitors now:
One I paid for said I could submit this but the court may not make it legally binding even though we are both in agreement
The second was a free consultation who said I could just submit my agreement and the court would turn it into a consent order and I just need to pay £215 to submit it
And the third said: The family court is a little different in its children department to the financial department. You cannot just send a consent order to the court. One of the parties needs to make an application (C100) to the court and it is likely that there will be a first directions hearing. Additionally CAFCASS will be on the scene as regards a safeguarding check.
Once an application is in court and case no allocated then a consent order can be presented to the court and considered. It is not a matter, I am afraid, of using them as a post office. Hence any estimated fee (apart from the court fee of £215.00) would have to include making an application to the court and attending court. I think you are talking at least of a fee of £1,000 and the court fee to sort this situation out.
As I'm sure you can see this has left me completely confused.
Number 3 is nonsense... Number 1 and 2 are both pretty much correct.
If you write on here what contact you agreed between yourselves and age of child/children i can give an indication if it would be agreed or not. Its £215 , but they may do an interim order and get cafcass to do safeguarding checks. As long as ex dont change her mind they normally will end up writing it up as a consent order unless its totally unreasonable towards 1 parent
The contact agreed is for a 6 year old. I have him 2 days every week and then in addition to those every other Friday, Saturday and Sunday including over nights.
Holidays are to be split 50/50 and then he sees me on fathers day his mum on mother's day with the same for birthdays.
So if I complete the c100 myself how do I present our agreement as I can't see how this would be attached or is this something I would then take to court?
Appericate your help.
I can see what all the solicitors are saying. The below link details in a simple way how to get a consent order. Clearly the fee is £215, however if you then use a solicitor to assist then there are their costs to consider which should be for 2 - 3 hours (including time they discuss the matter with you and arrange for both parties to sign) and so £1,000 looks about right. You and ex could split this cost if possible. The solicitor will ensure that everything is submitted as it should be in the required format (although I don't think there is a standard format) making it easier for the Consent Order to be made legally binding.
https://www.gov.uk/looking-after-children-divorce/if-you-agree
My understanding is that you can do it yourself and others may be able to advise on best format to use for the consent order and submission to the courts. The arrangement you have suggested seems reasonable.
One question I have, is your ex aware you are wanting to do this? If so, no problem, but if this comes out of the blue, might it cause issues with her with the simple fact of it going to court?
Yeah she's aware of this and was happy as long as it was done at my expense hence why I've got to sort it instead of going through her solicitor who already has all the details and wrote up the agreement.
I wasn't sure if you needed to attend court if it was all agreed so she is under the impression that she may rather than its a certainty.
I still don't know how to submit the consent order with the online C100 so I'm now thinking my best bet is to submit it by post but the gov website says this will take considerably longer due to covid 19
hi,
if her solicitor has drafted the order already, you could ask how much he would charge to send it off to court.
alternatively you could arrange yourself and use another solicitor.
this is the process and fee one mediator is charging:
CHILD ARRANGEMENT ORDER
Solicitor drafts your parenting plan into a consent order and completes Form C100. Submits to court and deals with Caffcass inquiries.
I'd say her solicitor has drafted more of a parental plan rather than the 'consent order' but I may be able to see if she will submit it through her solicitor and I'll pay the cost as that may be cheaper than getting myself a new solicitor.
Alternatively if I went with the link you sent to get the consent order drafted and submitted the price is per person so would we both have to be in agreement to take that option? Or would I be able to submit it for myself at the cost of £399 plus £215 court fee?