Key points
This case in 30 seconds
- Situation
- The client and the other side have a child under 18 and had always agreed access verbally. They agreed on weekend access, without stating whether it was Saturday or Sunday, which hours, or where the handover happens.
- Approach
- We helped the client first organise the verbal access arrangement as it currently works, including the usual pick-up days and times. Once both sides signed, we submitted the agreement with the required documents to the court, applying for it to be made a consent order.
- Result
- Afterwards, access took place on the days and times set out in the agreement, and neither side had to renegotiate. For the child, access became stable again, and handovers no longer had to be sorted out afresh each time.
Three points for handling this well
- State which days of the week, which hours, where the handover takes place, and how long holidays are divided.
- Once both sides have signed, submit the agreement with the required documents to the court, applying for it to be made a consent order.
- As the child grows or life changes, you can apply to change the arrangement.
Background
The client and the other side have a child under 18 and had always agreed access verbally.
They agreed on weekend access, without stating whether it was Saturday or Sunday, which hours, or where the handover happens.
They had always sorted it out ad hoc, renegotiating the handover whenever a school event or family gathering came up.
- Not sure whether Saturday or Sunday counts as “reasonable”
- Worried a verbal arrangement will be hard to pin down later
- Not knowing whether it can be renegotiated if circumstances change
Later, the two sides had different understandings of whether it was Saturday or Sunday and what time the handover was, and had to renegotiate.
He wanted the schedule written down clearly before the arrangement became complicated.
Where a verbal arrangement easily leads to different understandings, the first step is to set down clearly how things currently work.
Why write a verbal access arrangement as a schedule?
This case chose a written schedule because a verbal arrangement is simple, but easily leads to different understandings later.
With a verbal arrangement, how is access defined?
No times stated; both sides arrange it around the child’s routine.
Only “reasonable access” is stated.
Who decides what is “reasonable”? Any disagreement means going back to court.
What is the difference between a verbal arrangement and a written schedule?
A written schedule means fixing the days and times specifically.
| Verbal arrangement (reasonable access) | Written schedule (defined access) | |
|---|---|---|
| Times and place | No times stated; arranged as things come up | States the days of the week, hours and handover place |
| Usual wording | Only “reasonable access” | States specific days and hours |
| Example | “The father may have reasonable access to the children.” | Collects the children at 10 am on Saturday and has them until 6 pm on Sunday |
| If circumstances change | Both sides arrange it around the child’s routine | If you cannot agree, the court sets it; you can apply to change it |
“The father may have reasonable access to the children.”
“The father has the children to stay every other weekend, from 10 am on Saturday to 6 pm on Sunday; school holidays are divided equally between the two sides.”
The more specific the wording, the less often you have to sort things out again at short notice.
What do you need to prepare to discuss a schedule?
When discussing, first list the days and times you usually do handovers, then fix each one.
If there is a child under 18, custody and access arrangements must be put forward together.
How long holidays are divided can be written in as well, so you don’t have to renegotiate every year.
Once written into an agreement, what protection does the access arrangement have?
Once it is made a consent order, if the other side does not follow the agreement, you can apply to the court for enforcement.
As the child grows or life changes, you can apply to change the arrangement.
If you can agree, you can make the agreement yourselves; if not, the court decides.
For the rest of what an agreement should cover, see “Divorce agreement”; for a similar approach, see “the property remortgage fallback plan case”.
Once the discussion is settled and written as a schedule, what remains is putting each stage into effect step by step.
How we helped
From the first consultation to putting the agreement into effect, the same dedicated consultant follows your case. Our help comes in three stages.
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Organising the current arrangement
From the first consultation
At the first consultation, the dedicated consultant first looks at the current verbal arrangement.
We help the client first organise the verbal access arrangement as it currently works, including the usual pick-up days and times.
Setting down how things currently work is the first step to writing a schedule.
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Discussing the schedule
Once everything is in order
We help the client discuss with the other side and fix the days of the week, hours and handover place for access.
State which days of the week, which hours, where the handover takes place, and how long holidays are divided.
With the days and times stated specifically, there is no need to renegotiate later.
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Writing it into the agreement
Once agreed
Once both sides agree on the schedule, we help the client prepare the documents and write the schedule into the divorce agreement.
Once both sides have signed, submit the agreement with the required documents to the court, applying for it to be made a consent order.
Once it is made a consent order, the schedule has the force of a court order.
Throughout, the client could phone the dedicated consultant at any time, in Cantonese, Mandarin or English.
For every document, we first explain what it says and where it needs to be signed.
We are a divorce consultancy. We help you organise information, prepare documents and understand the procedure. If your case needs legal advice or a representative in court, we will tell you honestly and help you make other arrangements.
Once the three stages are done, this is how the case turned out.
Outcome
Afterwards, access took place on the days and times set out in the agreement; for the child, things became stable again, and handovers no longer had to be sorted out afresh each time.
Because both sides had written the days and times of access into the agreement, they no longer had to rely on memory or ad hoc arrangements.
For the child, the biggest difference was that handover days and times no longer change at short notice; with handovers following the schedule, daily life became stable again.
Throughout, the dedicated consultant helped the client word the schedule specifically and reminded the client to watch the handover days and times.
Without first setting out how things currently work, discussing the schedule often takes longer.
The two now do handovers according to the schedule. The child’s life has not changed much, which was what the client cared about most at the start.
How does the procedure change if your situation is different?
We took this approach because both sides could still talk to each other. If your situation is different, the approach will change too.
Still can’t agree for now: if you can agree, you make the agreement yourselves; if not, the court sets it.
Circumstances changed; need to renegotiate: when circumstances change, you can also find out how to apply to change the arrangement.
Want to know the cost or time needed: fees are quoted per case. Initial consultation: 30 minutes · Free.
Three things you can do first in a similar situation
- First organise the verbal access arrangement as it currently stands.
- State the days of the week, hours and handover place specifically.
- If circumstances change, find out how to apply to change it.
FAQ
Can a verbal access arrangement be written as a schedule?
Yes.
State which days of the week, which hours, where the handover takes place, and how long holidays are divided.
What is the problem with just “reasonable access”?
Only “reasonable access” is stated.
Who decides what is “reasonable”? Any disagreement means going back to court.
How specific can a schedule be?
“The father has the children to stay every other weekend, from 10 am on Saturday to 6 pm on Sunday; school holidays are divided equally between the two sides.”
”
After it is written as a schedule, does it need the court’s approval?
Once both sides have signed, submit the agreement with the required documents to the court, applying for it to be made a consent order.
After a consent order is made, what if the other side does not follow the schedule?
Once it is made a consent order, if the other side does not follow the agreement, you can apply to the court for enforcement.
Who usually decides access arrangements?
If you can agree, you can make the agreement yourselves; if not, the court decides.
If circumstances change, can the access schedule be changed?
As the child grows or life changes, you can apply to change the arrangement.
Does a purely verbal agreement, with no court order, still count?
No times stated; both sides arrange it around the child’s routine.
Who decides what is “reasonable”? Any disagreement means going back to court.
Do you give legal advice or represent clients in court?
We are divorce consultants. We help you gather information, prepare documents and understand the procedure.
If your case needs legal advice or court representation, we will tell you honestly and help you make other arrangements.
Illustrative case: this page is adapted from similar cases we have handled. The people and details have been changed, and it is not a record of an identifiable client.
Every case is different, and the time taken and the result will vary. This page is general information only. It is not legal advice and is not a promise about your case.
