Child Access Agreements

[jd_1984]

If a couple who have split up but both have parental responsibility for their child... The child lives with the mother full time and there was an agreed acees arrangement between them for the father to see the child last weekend of each month.... Now the father wants to formalise the agreement (legally) and he is instigating legal proceedings.....

Question. Will both parties have to stand the associated legal costs even though the mother has always stuck to the personal agreement and doesnt want a formal legal arrangement for access? The father is insisting on this on frankly pathetic grounds as he has never been denied access to his child. He thinks he will benefit from it being set out legally even though the mother has always stuck to her obligations in the past? The mother is worried she now needs representing and the costs involved with this?

[murraymints]

Wouldn't think so..he's the one requesting and obtaining formal contract...he is instructing a sol. He's the client he gets the bill...

[joko]

what does she need representation for though?

presumably his solicitor will draw up an agreement - and you sign it...?

is it actually a court case where you would need a case to he heard in front of a judge? i assume the mother has no case to argue as he just wants the current agreement in writing and legally binding.

if not you may be able to represent yourself - assuming you are agreeable.

what hes doing may seem pointless but its also harmless as long as its fair.

i may be misunderstanding though so im sure someone will be along soon to give more in depth advice.

[murraymints]

Joko think he is just having a writ of sorts ie a contract of agreement drawn up..no court involved......waste of time as it will have no bearing in any courtroom disputes that may arise...only a bit of paper...my oh learned this to his cost..exact same circs....let him waste his money if he wants to get difficult...

[murraymints]

If he is pursuing joint custody order in court however, probably joint costs...

[jd_1984]

No he doesnt want join custody.
He is simply a control freak who doesnt want his ex having the ability to dictate anything to him, for example, if something legitimate came up at home and she needed to swap his access days for the following week. He would hate this as it is HER requesting or instructing something of HIM. It sounds petty and in truth it is. It may backfire on him as with a private agreement there is a degree of flexibility for both sides.
Hopefully all the time, effort and any costs will be his.

[mrs_overall]

He should foot the bill for all legal costs.
The man sounds like an idiot and hopefully his solicitor will tell him he his wasting his time and money

[jd_1984]

Idiot is putting it mildly!
Because she left him, he makes it his life's work to disrupt her new life as much as possible!