Arrangements between parents

Nickyno · 10 December 2023 at 12:02PM

My daughter and her partner split up earlier this year, they have 3 children between them ages 5yr 3mths, 2yr 11mths and 1yr 3mths. The children live with their mum and go to their dads once a week. Their dad picks them up on a Sunday and returns them on a Monday. Their dad works nights, excluding Sunday & Mondays (an arrangement they agreed when they had their 1st child). He has said he will give the mum £250 per month, which the mum has to keep asking for. Their dad decides when he picks the children up on a Sunday, usually after 2.30pm and is always asking to return the two youngest (the elder one is in school) the morning after, as he can't cope. Just wondering what is the best option to draw up an agreement, can it be done between the parents? To cover the maintenance side and care side to hopefully ensure their dad takes some responsibility for his children. Is there a template that can be used or do they need to get professional advice?

Thankyou in advance for taking the time to read this.

tightauldgit · 20 December 2023 at 9:07AM

You can 'draw up' any agreement you want between the parents but unless it's a court order (or a CMS decision on maintenance) then it's unenforceable. If you want a court order then you would need to apply for a child arrangements order to the local family court. You don't really need a solicitor for it but they can help if you want. With regards maintenance again if you want something enforceable you have to go the formal route and make an application to CMS for an award.