My ex and I have both agreed that we will go to mediation to arrange that we both have shared residency and equal access to the children. I explained this to mediation and that there won't be any other issues, however we both want the agreement to be legally binding.
We both have separate interviews to begin with, hopefully after that there will be one me shared meeting - I don't know how these things work.
So this is my question - what can I expect? The mediation centre also said that I will need to complete a C100 form to get the agreement legally binding. What can I expect in court - will the judge, based on our mutual agreement, agree to our request? Will cafcass automatically get involved? I don't want to use a solicitor and intend to represent myself but will there even be a hearing?
This is a complete unknown for both of us.Any help would be greatly appreciated.
Hopefully someone with more knowledge of the court system can post, but courts do like a no order principle, which makes me wonder whether a court would stamp this agreement.
What do you mean a no order principle please?
Hi There,
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Judges like parents to come to thier own agreements rather than making an order that one or the other doesn't really agree with, so if you are able to come to an agreement, there is a strong chance that a judge would just write the agreement into a legally binding order for you if you apply, that said, I haven't done this so not sure if they are willing to write orders that have been agreed in mediation, it may be worth phoning the court and having a word with them to see if this is possible.
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GTTS
It really would depend on the individual judge that looked at your application and whether a hearing is listed or not. If you both insist you would like the order made then I can't see an issue with the court making one but it really would be down to the judge to decide. Good luck