Following separation, is it necessary to formalise an informal agreement regarding child arrangements?

Where parents separate, it is often the case that they will reach an agreement regarding the arrangements of their child(ren). Informal agreements between parents are not automatically legally binding and therefore, not enforceable.

This can be problematic if the other parent breaches the informal agreement.

If you have managed to reach an agreement with your ex-partner regarding the arrangements of your child(ren) and you wish to formalise that agreement then you can apply to the Family Court for an Order by consent.

Consent orders provide a means to make an informal agreement legally binding and therefore enforceable through the family court.

Applying for a consent order will generally be a straightforward process if there are no issues in dispute. However, the court will need be satisfied that making this order is in the child(ren)’s best interests.

A solicitor can help you draft a consent order and the relevant court application.

A consent order will not be necessary in every case. If you have an agreement regarding child arrangements between you and your ex-partner then it is important to bear in mind the ‘no order’ principle if you are considering applying for a consent order.

Section 1 of the Children Act 1989 states that where the court is considering whether or not to make an order under this Act with respect to a child, it shall not make the order… unless it considers that doing so would be better for the child than making no order at all.

We have an experienced team of family lawyers who are able to advise and assist you on the best possible approach to take- contact Fisher Jones Greenwood by calling 01206 700113 or email [email protected] 

Credit – blog post written by Precious Yilmaz.