Creating a legally binding child agreement

If you’re both in agreement but you want a legally binding order, its worth knowing that a court will only make a ‘consent order’ in limited circumstances. Usually the court will not make an order setting out arrangements for children unless there has been a dispute. It might be useful to confirm your agreed arrangements in a parenting plan.

(link to parenting plan)

There are some circumstances where a court may be persuaded that there is a need for an order e.g. where there have been repeat issues with ‘agreed’ arrangements so a court order will create more certainty or where an order may be required because there is an international element involved. A court order is a legal document that confirms your agreement. It can include details about how you’ll look after your children, such as:

·        Where they live

·        When they spend time with each parent

·        When and what other types of contact take place (phone calls, for example)

You can agree on child maintenance at the same time or separately. Our specialist lawyers will be able to advise you on the next best steps.