Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
C100
#1
Hi sorry if this has been asked before but am I correct in that I need to provide the court with 4 copies of the form? also I have attended mediation and the mediator signed on my initial meeting do I just photocopy the form she signed 3 times? lastly I wish for more time with my daughter also my ex allows her sons dog to live there which I believe to be a banned breed but the police say it is an American bulldog but is very boisterous according to them and is walked daily by her 17 year old son who has a history of violent behaviour within the house and I have raised concerns with social services in respect of this, do I tick the box on the c100 stating that my daughter is known to the local authority an/or at risk of violence due to visits from her son?
Thanks everyone
Reply
#2
I believe you need four copies - one to keep, three to send to the court. Yes you photocopy the mediator page and replace the page in your four copies with the mediator photocopied page. What have you asked for in your application?

If your daughter is known to the local authorities and has been classified at risk, then you'd need to fill in a C1A regarding welfare issues. And to be honest in that case you would probably be asking for daughter to live with you. I wouldn't suggest doing that unless you have evidence to attach to it (ie documentation from local authority on this issue). Without knowing all the details it's difficult to say what to do. On a C1A there is an option to ask for specific issues orders and prohibited steps orders (eg regarding dog/son). But you would still then need to ask for specific issues order/prohibited steps order on the c100 as the C1A is a "supplementary" form.

It comes down to whether to keep it as a straight application and try and sort other issues out later, or whether to go the whole hog and cite welfare issues. I would only do the latter if you have clear documentary evidence. You can attach evidence to a C1A but not to a C100. It's a line between dealing with the welfare issues and not being seen to be negative towards the ex.

But if you have real concerns about her contact with this son and you have something on paper (eg a letter to social services, evidence of the dog having bitten someone, or documentation from local authority with details of how daughter is known to them. You might have to ask for copies of these. But I would only do it if you have evidence - without clear evidence it could be classed as "slagging off".

There are other routes you could take regarding the dog that would be more relevant than in a child arrangements order. The point is - each parent has parental responsibility and it's supposed to be the Mother's parenting that ensures child is safe and whether or not dog is appropriate. You run the risk of "slagging off" her parenting abilities (whether true or not) and courts don't like that. As an example my ex made all sorts of complaints about my house, water supply, my partner having an injury and being incapable (not true of course) - and it was all seen as slagging off, ignored and irrelevant. And didn't look good for her.

So you need to narrow down what you're trying to achieve - and carefully word any concerns you have to sound formal. What you put in your summary box on your C100 is important. You can type it on a separate sheet and attach it and put "please see separate sheet" in the summary box, providing you copy the statement of truth across and sign and date the sheet and put your name and application details at the top - then just insert it behind the page with the summary box.

I had - brief opening paragraph - what I was applying for and why ie current situation - a couple of sentences. Then another paragraph with fuller detail of Contact times cancelled, my concerns as to the effect of this on son who was expecting xyz and who had regular activities with me on those days, and how I wanted son to continue to enjoy significant and happy relationships with both parents and both families. Then a line saying what I thought ex's view was (this was advised to me to show what the other person's viewpoint may be).

I then had a final short paragraph saying what I wished the court to order and asking for an interim order at first hearing to reinstate regular/previous time with son (I didn't use the word "contact" at all but skirted round it and used phrases like "time with son" or "son living in my home". To set the tone for how it is/was. What I asked for was for the previous "shared care" to be reinstated saying that since previous order stating "Mother will allow" that matters had deteriorated and I felt it was important that the situation prior to this, when there were no orders in place, was formally established that son had always had two homes on a shared care basis. That was my argument for "lives with both parents" to help Mother accept child had two parents and two homes and to enable better communication as a result and more stability and continuity for son as a result.

I then had an additional short paragraph headed "History of son's care" and set out the regular third to half the time he had had since birth and how he had lived with me in my home for long periods when his Mother was away on holiday x times a year and how he had been toilet trained by me etc when with me for longer periods at Mother's request. And how he had a full home life with his own room, toys and had know my friends and family for years.

Your situation may be different, but there may be some tips there. Ultimately though they will see it as her responsibility when daughter is with her, as to whether her other son is safe/should have contact and whether the dog is safe. So unless you have written back up from social services or local authority I would not use that. But be prepared to go for a specific issues order over it later (possibly a better route - you don't want to risk not getting a good court order for time with daughter - that is the first step and the priority - sometimes you have to deal with things in stages). If it gets to final hearing you could have a draft order attached to your statement and have various specific things in it you are asking for.

I guess what I'm saying is - don't let your application for a good court order for regular time, be sidetracked by issues a court may not deal with seeing it as the Mother's responsibility. I think it would be seen as a social services issue.
Reply




Users browsing this thread: 1 Guest(s)