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Validate 5b from C100 form ?
#1
Hello All

I'm preparing C100 myself as I can't afford to get a solicitor. Could i ask for dads here to validate/tweak all-important verbiage for section 5b (summary of statement) on c100 ?


1)your reasons for bringing this application to the court:

a) Respondent deliberately attempting to cut all links of father to children
b) Respondent refuses to allow applicant to care for children and reasoanble access to children
c) Respondent unwilling to consider parenting plan after separation from applicant
d) All attempts to have a family arranged parenting plan has been rebuffed 

2) what you want the court to do:

a) Request court to order a comprehensive child arrangement, parenting plan that provides children reasonable access to both the parents

3) reasons given by the respondent(s) for their actions in relation to this application:

a) No reason given by the respondent
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#2
Firstly its only a small box so the important thing is to say contact has stopped/reduced.
Secondly, be non committal, say only what you need to say. The landscape can shift drastically by the time you reach the final hearing, you dont want to be stuck with specifics from this box or look like youre changing your story.
Thirdly, and only in my opinion, dont bother trying to make it official or legal vernacular, you want the judges to see you as a caring human being who wants to raise their child, not "win in court"

1)your reasons for bringing this application to the court:

a) Respondent deliberately attempting to cut all links of father to children -
I wouldnt put this in, its an accusation straight off the bat and youve got a long way and a million opportunities to express and prove parental alienation.


b) Respondent refuses to allow applicant to care for children and reasonable access to children
My suggestion, "despite myself caring extensively for our child during the relationship, contact has been stopped/reduced drastically by respondent since the breakdown of the marriage/relationship/family"


c) Respondent unwilling to consider parenting plan after separation from applicant
d) All attempts to have a family arranged parenting plan has been rebuffed
Scratch this, its another accusation and frankly you want HER to show the court how unreasonable she is. You put this in, she will know your game plan. Give her rope and as little info as possible regarding your case.



2) what you want the court to do:

a) Request court to order a comprehensive child arrangement, parenting plan that provides children reasonable access to both the parents
"a substantial bond and relationship with both parents"




3) reasons given by the respondent(s) for their actions in relation to this application:

a) No reason given by the respondent

Is this really a question on the C100 form? if not then scratch that too, its hearsay and if she has just a single text/email/recording of reasons given then youre on the back foot already.

Just put the bare minimum in the box, you'll get your day in court and 8 pages of position statement to spell it out for the judges.
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#3
Naive all those brilliant points. Thanks a ton for the valuable feedback. I would definitely consider making adjustments.

Sean
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#4
I've applied twice - I put "please see attached sheet" in the summary box and type it out on a sheet of A4 and attach that sheet behind the sheet with the summary box (ie insert it in the application). As long as you put your name at the top as long as the application details (eg Application for Child Arrangements order lives with both parents or whatever). And copy across the statement of truth from the end of the application form - to the bottom of your sheet, sign and date it.

That allows you to write briefly and as a human being. I put an opening short paragraph saying I wish the court to make an order for .....whatever you've asked for, due to Mother preventing child from seeing me for x months (or whatever your main reason is).

That says it in a nutshell. Next paragraph - give a bit of info/background briefly and address what you think the other person's view may be and why you don't agree with it.

eg - "Her name" and I separated 3 years ago and agreed the children would spend equal time with both of us. For the past 3 years the children have spent every Thursday and Friday night, every other week-end and half of the school holidays with me. A few months ago "her name" began to change these arrangements and cancel agreed times and this has led to my children not seeing me much or regularly or knowing when they will see me. I am concerned at the stress and confusion this will be causing them and wish them to continue their regular routine with me. "Her name's" view seems to be that she organises activities for the children when they should be with me and does not seem to think seeing me is important. I do not agree with this and although I think it's important for the children to have activities, I should be able to take them myself when they are in my care. I wish the children to enjoy regular and quality time with both parents for their ongoing security and stability.

"Her name" and I have attended mediation but this did not progress after the first session and did not reach any agreements.

I respectfully request the court make an interim order to reinstate the regular time with my children, and subsequently make an order for their ongoing care as follows:

The children to live with both parents on a 50/50 shared care basis:

With me - During term time: Every Thursday and Friday evening and every other week-end from Friday after school through to Monday return to school. Half the school holidays with defined weeks and times.

I then added another brief paragraph headed "History of care". This was particularly relevant to my situation after 6 years of doing most of the care from birth. It wouldn't do any harm to put a brief paragraph here eg

History of Care - Since the children were born I have always been fully involved in their care, sharing feeding and toilet training matters when they were babies and having regular activities and clubs I took them to and was involved with them. I always took them swimming on Sundays. Since separation they have had a full home life with me, have their own bedrooms and bikes at my home and have friends and relatives on my side they are fond of. They have always done their homework at my home and I have been fully involved in all their school activities and recently attended a school course on computer programming with my eldest son - for parents to share the training with children.

That kind of thing.

No more than 2/3 of the page of A4 but gets it across and covers all the questions. Has worked for me each time. Basically you have to sound child focused all through - and word it as in the childrens' interests, not yours. And not say anything negative about the ex but just put it that the childrens ongoing stability is important etc. They expect you to say what you think the other person's point of view is - and you just put what you know but try not to make it sound critical - just factual.
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#5
(08-23-2018, 10:29 PM)Charlie7000 Wrote: I've applied twice - I put "please see attached sheet" in the summary box and type it out on a sheet of A4 and attach that sheet behind the sheet with the summary box (ie insert it in the application).  As long as you put your name at the top as long as the application details (eg Application for Child Arrangements order lives with both parents or whatever).  And copy across the statement of truth from the end of the application form - to the bottom of your sheet, sign and date it.

That allows you to write briefly and as a human being.  I put an opening short paragraph saying I wish the court to make an order for .....whatever you've asked for, due to Mother preventing child from seeing me for x months (or whatever your main reason is).

That says it in a nutshell.  Next paragraph - give a bit of info/background briefly and address what you think the other person's view may be and why you don't agree with it.

eg - "Her name" and I separated 3 years ago and agreed the children would spend equal time with both of us.  For the past 3 years the children have spent every Thursday and Friday night, every other week-end and half of the school holidays with me.  A few months ago "her name" began to change these arrangements and cancel agreed times and this has led to my children not seeing me much or regularly or knowing when they will see me.  I am concerned at the stress and confusion this will be causing them and wish them to continue their regular routine with me.  "Her name's" view seems to be that she organises activities for the children when they should be with me and does not seem to think seeing me is important.  I do not agree with this and although I think it's important for the children to have activities, I should be able to take them myself when they are in my care.  I wish the children to enjoy regular and quality time with both parents for their ongoing security and stability.

"Her name" and I have attended mediation but this did not progress after the first session and did not reach any agreements.

I respectfully request the court make an interim order to reinstate the regular time with my children, and subsequently make an order for their ongoing care as follows:

The children to live with both parents on a 50/50 shared care basis:

With me - During term time:  Every Thursday and Friday evening and every other week-end from Friday after school through to Monday return to school.  Half the school holidays with defined weeks and times.

I then added another brief paragraph headed "History of care".  This was particularly relevant to my situation after 6 years of doing most of the care from birth.  It wouldn't do any harm to put a brief paragraph here eg

History of Care - Since the children were born I have always been fully involved in their care, sharing feeding and toilet training matters when they were babies and having regular activities and clubs I took them to and was involved with them.  I always took them swimming on Sundays.  Since separation they have had a full home life with me, have their own bedrooms and bikes at my home and have friends and relatives on my side they are fond of.  They have always done their homework at my home and I have been fully involved in all their school activities and recently attended a school course on computer programming with my eldest son - for parents to share the training with children.

That kind of thing.

No more than 2/3 of the page of A4 but gets it across and covers all the questions.  Has worked for me each time.  Basically you have to sound child focused all through - and word it as in the childrens' interests, not yours.  And not say anything negative about the ex but just put it that the childrens ongoing stability is important etc.  They expect you to say what you think the other person's point of view is - and you just put what you know but try not to make it sound critical - just factual.

GREAT POST AND GUIDANCE!!!!!
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#6
Echo the comments, great points Charlie. I have now submitted the c100 already, however I will make a supporting documentation similar on those lines to take it to first hearing.
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#7
Sounds good :-) You could put it as your position statement.
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#8
Hello Charlie - I submitted my c100 form which I believe will take up by judge on Tuesday and they will decide the next course of action probably call for first hearing which I believe is informal.

At what point do I put forward my position statement ? Is it at the first hearing ?
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