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TOPIC: C100>Section 7>Proposed Consent Order

C100>Section 7>Proposed Consent Order 2 days 4 hours ago #102403

Hi All,

Long time lurker, first time poster here.

I'm after a bit of advice if possible?

So, long story short - I have been separated from my ex for over 2 years and shared access has been a minefield of abuse from her since we split. Constantly changing, use of my daughter as a weapon, all the usual bits.

It became enough earlier this year when my daughter began expressing interest in a more equal split and my ex was unyielding, and I used the C100 route to apply for 50/50 shared custody. It was at this point the false accusations of emotional / psychological abuse began.

We completed our Fhdra, at which the Judge directed CAFCASS to complete a section 7. The report has just landed, and it contains a lot of bias in favour of her. They seem to have accepted the abuse claims as fact, despite stating they are unproven. Interestingly they then go on to state that 50/50 is not appropriate due to the abuse claims and recommend a different shared arrangement which is effectively 43/57 in her favour. I'm not unhappy with this, barring some slight amendments to the school holiday arrangements which weren't addressed in the report.

I have recently heard from the exes solicitor (I am litigant in person) and they have asked if we can discuss reaching an agreed position to form a consent order to avoid the next DRA.

I'm wondering if there are any pitfalls I need to be aware of if I agree to a consent order (assuming she is agreeable to a decent arrangement).

Is it as good as a court order?

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C100>Section 7>Proposed Consent Order 2 days 2 hours ago #102405

Always best if you can agree by consent i think . If you’re unsure , go through your suggestions with the other side and when you get a draft proposal back maybe see a solicitor for an hour and they can advise you on any little Gremlins in there you might have overlooked etc
The following user(s) said Thank You: LostInLaw

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