Home > Download Guides > Guide to Court 1: 1st Hearing; Court Forms & Statement

Guide to Court 1: 1st Hearing; Court Forms & Statement

By: Abigail Taylor - Updated: 8 Feb 2017 | comments*Discuss
 
Court Hearing Forms Application

In our series of guides we hope to arm you with enough information to be able to understand the legal issues and achieve your objective in the easiest way possible. Our going to court guide is in 3 parts. You can download the entire guide (see below) or you can read it here it on the site. Part one of the guide covers:

  • The court process
  • With notice and without notice hearings
  • Completing court forms
  • Writing the court statement

The court process

In an ideal world, you and your ex partner would have an amicable relationship and be able to resolve any issues (particularly where your children are concerned) out of court. Unfortunately that is not always achievable and it may be necessary to apply to the courts to resolve disputes.

There are several court orders available to you, including:

  • Prohibited steps order (stopping a party doing something)
  • Mandatory order (making a party do something)
  • Contact order (making a party allow another party contact with a child)
  • Residence order (stating who a child will live with and when)

The process of applying to court and conducting proceedings varies slightly depending upon which order you are applying for and the circumstances in which it is made. The two main processes are set out below:

1. With notice hearing

This is the usual type of hearing where the other side is informed of your application and both sides attend court.

(1.) Complete the relevant application and file to the relevant court. (This will depend on where you live but generally be your local County Court or Family Proceedings Court).

(2.) A copy of your application is served on other party known as the Respondent. (This will usually be the other parent of your children).

(3.) A first hearing is scheduled. Before this hearing you may be invited to attend a Cafcass meeting. This is a brief meeting with a Children and Families Court Advisory and Support Service officer who is experienced in dealing with all court cases involving children. At this meeting the officer will listen to both parties and try help you to reach an agreement regarding any issues.

(4.) The first hearing will be conducted by a Judge. This hearing will briefly outline any areas of agreement and dispute. The Judge may also ask the Cafcass officer for advice on the issues in the case. It is normal for parents not to speak to the judge at this brief hearing which is really more administrative than a time to rule on issues. It is common for the judge to then ask the Cafcass officer to draft a detailed report on the case.

(5.) You may ask for an order during the interim period between first and final hearing as this can be several months. For example the judge may order weekly supervised contact while the case is still ongoing over whether you should be given unsupervised contact.

(6.) The Cafcass report will be sent to both parents once completed (though this often takes 12-16 weeks). The Cafcass officer will usually speak to both parents, any other relevant relatives, the child's school, and (dependant on the child's age) the child themselves in preparing their report. They may also observe interaction between the parents and their child/children.

(7.) The court will nearly always follow the Cafcass officer's recommendations and so many parents choose to simply implement the recommendations in the report rather than continue to argue issues in court.

(8.) If no agreement is reached, a final hearing is held. This will be conducted by a judge (not necessarily the same one as at the first hearing though). The judge will hear evidence from the parents, the Cafcass officer and any other relevant witnesses before making a decision and granting / not granting an order.

2. Without notice hearing

This process is used in more urgent applications, such as where a child needs to be removed from one person's care due to allegations of abuse. You may not have time due to the urgency of the matter to inform the other side officially.

(1.) Complete the relevant application and file to the relevant court. (This will depend on where you live but generally be your local County Court or Family Proceedings Court). This WILL NOT normally be served on the other party where allegations by their nature need to remain secret (e.g. where it is alleged one parent is about to take the child to live abroad permanently without permission).

(2.) A first hearing is scheduled. Usually this will be urgent and so may be scheduled for the same day as the application is made. Often judges hear without notice family applications first thing, or after lunch before their ongoing cases or trials resume. If the application is extremely urgent, they may even break off whatever case they were hearing to hear your application. Only the applying party will normally be present.

(3.) The Judge will usually make a ruling on your application which will last until a final hearing is arranged with both parties present.

(4.) A final hearing will be arranged and the other party sent notice of it along with copies of your application and the decision at the without notice hearing. The judge will hear evidence from both the parents, a Cafcass officer and any other relevant witnesses before making a decision at this stage. They may then confirm or vary the interim order they made at the without notice hearing.

What will the court consider in reaching their decision?

When a judge makes a decision in a family law case, they must consider every element of what is called 'the welfare checklist'. This includes:

  • The wishes and feelings of the child (if they are old enough for this to be ascertained)
  • The likely effect of any changes on the child
  • The particular needs of the child (eg any disabilities or special needs)
  • The ability of the parents or carers to meet the needs of the child
  • The harm that the child has suffered or is at risk of suffering
  • Any characteristics such as religion or sex that the court considers relevant
  • The child's educational needs (if of schooling age)

It is important to note that the court will not make an order where the effect of not doing so is no worse than making the order. This is called the 'no order principle'. You therefore need to show in any application that the order applied for is really necessary and in the child's best interests.

Court forms

To start every court application you will need to fill in and file the relevant form. The courts have a wide range of orders available but you must use the correct form when applying.

Perhaps unhelpfully the forms all have a letter and numerical code which can make choosing the right form a bit tricky. Below is a description of which orders need which forms:

  • Contact Order C100 - You want to see your children but your ex partner won't let you
  • Residence Order C100 - You want your children to live with you
  • Anything regarding abuse C1A - You are making specific allegations of abuse of your children by a family member
  • Parental Responsibility Order C1 - You want to have formal parental responsibility for your children
  • Parental Responsibility Order (step-children) C(PRA2)- You want formal parental responsibility for your step-children
  • Prohibited Steps Order C100 - You want to stop your ex partner doing something
  • Enforcement Order C79 - You have an order but your ex partner is not complying with it
  • Cancel or vary Enforcement Order C79 - You have an Enforcement Order against you and you want the court to cancel or vary it
  • Care or Supervision Order C110 - This formalises the involvement required by the Local Authority in your child's care

All of these court forms are available online at: www.justice.gov.uk/courts/procedure-rules/family/formspage

Many of the forms also have a helpful 'Notes' guide (also online to download) which will help you fill out the form. It is important that forms are filled out correctly so court time (and your money) is not wasted. Read the checklists (including those for practitioners) carefully and ensure all the essential information is completed fully and clearly.

Most forms will have a section asking:

"Why are you making this application?"

It is often tempting to write every bit of information relevant to your application in this box, and you are allowed to use additional sheets of paper if necessary. However, remember that the judge will not have long to read this application and so will want this box to just be an overview of your application.

An example:

We have an agreement that I look after my two children (aged 8 and 12 years) Thursday to Sunday. My ex partner looks after the children Sunday to Thursday.

I would like this to be reversed for the following reasons:

  • My house is 10 minutes walk from the children's school. My ex partner lives 45 minutes drive away.
  • I am able to take the children to school for their 8:30am start and pick them up at 4pm as I work 9am to 3:30pm Monday to Friday. My ex partner has to drop them off at breakfast club for 7:30am and pick them up from after school club at 6pm, giving them a very long day.
  • My ex partner is out of an evening frequently during the week and so the children have a babysitter. It would be cheaper and more beneficial for them to spend that time with me

My ex partner says that she will alter her working hours but she has said this before and was unable to do so. She does not work Friday to Sunday and so we would both end up with more time with our children by this alteration.

You do not need to include evidence of everything alleged in this application but can refer to that in your later statement. Keep a copy of your completed form so you can refer to it at a later date if necessary.

Writing a court statement

A court statement is often used in addition to your application to set out your case in full, or to respond to your ex partner's application to the court.

There are specific rules about how a court statement must be written (in the Family Proceedings Rules 1991):

  • On the top left of the document, put the court dealing with your case in capital letters.
  • On the top right of the document put the case number (provided by the court on all correspondence to you)
  • At the top, middle of the document put the names of the parties
  • At the right next to the party name, label them 'Petitioner' or 'Applicant' and 'Respondent'. (The Petitioner is the person who applied for the application and the Respondent the person replying to it. The petitioner's name is always first, even if you are the Respondent.)
  • In the middle put a title summarising the purpose of the document (e.g. 'Respondent's Statement about Child's Residence')
  • At the end of your statement you must sign and date a declaration that you believe your statement is true and know it may be used by the court. (e.g. 'I confirm that the contents of this statement are true and correct to the best of my knowledge and belief, and further that I understand that this statement will be placed before the Court as evidence.')

It is up to you what exactly you put in your statement and of course this will vary depending on the purpose of the statement and the facts of your case. It is however, always a good idea to have an introduction in which you outline your reason for making the statement and what you want the court to do so it doesn't get "lost" in the rest of the content.

Evidence is key to proving the truth of anything said, so try outlining points in your statement using this formula:

General proposition:

  • Point 1 - Evidence 1, Evidence 2
  • Point 2 - Evidence 1, Evidence 2

For example:

Wife's behaviour is unacceptable - Children left alone in house while she is out at pub
(Statement from wife's neighbour and statement from teacher of what children have told her)

Strange men invited back to the house regularly
(Statement from wife's neighbour)

Make sure you proof read your statement as this is your evidence and so you will have to stick by it in court. If you don't know something personally, say so and state how you do know it. Do not put something which you do not believe to be true (remember your signed statement). If you suddenly change this evidence in court it could make you look untruthful and damage your case.

Read on to part 2 of our guide to court which will help you create your skeleton argument and use character references effectively.

And Finally...

We know that some of the dads on here don't have much spare cash. So we are offering the downloadable guides for free.

To help us develop more guides and other products to help separated dads we would really appreciate a small PayPal donation. Our content is written by a qualified barrister. It would really help us and we would appreciate it.

** NEW** Separated Dads Chat Room & Forum

The Separated Dads Forum is a place where you can discuss relevant issues and concerns including Child Access, Maintenance, CAFCASS, Fathers Rights, Court, Behaviour or just have a general chat with other dads.

Please help us launch it and make it a great resource for dads going through difficult times. We hope to see you on the Forum soon....

You might also like...
Share Your Story, Join the Discussion or Seek Advice..
[Add a Comment]
sutty - Your Question:
Hi I've recently been told by my children that they are moving away in 3 months time new schools new home etc all this was done without my knowledge as I dnot drive it will be impossible for me to have regular contact as mum told them if I want to see them I have to go to them it's an hour half away I've been advice to apply for prohibited steps order could this be done very quickly and will she still be able to move if I apply

Our Response:
You might wish to seek legal advice regarding this and/or ask a solicitor to write a letter. It could point out the reasons why it is not in her best interests to attempt to leave the area before the PSO is heard.
SeparatedDads - 9-Feb-17 @ 10:35 AM
Hi I've recently been told by my children that they are moving away in 3 months time new schools new home etc all this was done without my knowledge as I dnot drive it will be impossible for me to have regular contact as mum told them if I want to see them I have to go to them it's an hour half away I've been advice to apply for prohibited steps order could this be done very quickly and will she still be able to move if I apply
sutty - 8-Feb-17 @ 7:34 AM
Vicky - Your Question:
Hi I'm looking a bit of info I've been split from my ec almost 5 years we went threw difficult proceedings with court via social services anyway o was advised to leave here and go to my mums in Scotland for a while anyways during this hearing my partner put a prohibitited order in place my question is now that we are no longer in court proceedings finished over 3years ago but I'm wanting to know now case is felt with and all.closed (father doesn't see child supervised access was offers but he refused and has walked away) but with a prohibited order in place then how long does it stay in place and would.it of ceased now that there is no longer any court proceedings?

Our Response:
I think in this case, and to be on the safe side, you should refer the matter back to court to request a variation. If your ex has had nothing to do with your child since the order was issued and does not have contact currently, then there is no reason why the court would object to the move. However, you may also wish to seek legal advice to explore your options.
SeparatedDads - 6-Feb-17 @ 10:53 AM
Hi I'm looking a bit of info I've been split from my ec almost 5 years we went threw difficult proceedings with court via social services anyway o was advised to leave here and go to my mums in Scotland for a while anyways during this hearing my partner put a prohibitited order in place my question is now that we are no longer in court proceedings finished over 3years ago but I'm wanting to know now case is felt with and all.closed (father doesn't see child supervised access was offers but he refused and has walked away) but with a prohibited order in place then how long does it stay in place and would.it of ceased now that there is no longer any court proceedings?
Vicky - 5-Feb-17 @ 11:32 AM
My ex applied for a non molestation order and an occupation order - neither were granted. I signed an undertaking not to go near property or have contact with ex. The judge set out a schedule for the applicant (my ex) to apply under schedule 7 of the the family law act to decide the tenancy of our joint tenancycouncil property- but she has not serveda copy of the application on me by the prescribed time. I don't know if she has served on landlord or made the application to the court. Where does this leave me? And what should I do?
Pad - 2-Feb-17 @ 11:07 PM
None - Your Question:
My son and his wife have separated and she got a non molestation order on him, basically she lied and was very manipulative , the order is no longer in place ,my son has his children 3 nights a week when he takes good care of them they get bathed and have clean clothes to go to school in.something which is a course for concern when they are with her ,there are 5 children the oldest is 15and not biologically my sons , he seems todo his own thing and lives with his mum ,the other 4are aged 10to15monthsold however the youngest is not my sons although my son has him 3 nights a week along with his children. My son pays child support and also provides clothing and social stimulation for his children ,but his ex plays mind games , recently he was getting nothing but grief from his ex picking a way at him all the time so my son said he wouldn't be picking up the youngest child , so now she has said he can't see his biological children anymore. My son has no money to go to see a solicitor after he has paid his child support rent household bills and food etc , he works full time and doesn't know which way to turn. May I also mention that he has been left with large debts from the marriage and has had to declaim himself bankrupt , any advice would be much appreciated re court costs to apply for joint custody and hopefully stop her playing these games as its affectin my son and his children

Our Response:
Please see link here which will help you further. Your son would have to go through the procedure laid out in the article if his ex continues to keep his children from him. If your son cannot afford legal representation in court he can self-litigate, please see link here. The Separated Dads forum may also help him further if he needs extra help.
SeparatedDads - 24-Jan-17 @ 12:53 PM
My son and his wife have separated and she got a non molestation order on him, basically she lied and was very manipulative , the order is no longer in place ,my son has his children 3 nights a week when he takes good care of them they get bathed and have clean clothes to go to school in .something which is a course for concern when they are with her ,there are 5 children the oldest is 15and not biologically my sons , he seems todo his own thing and lives with his mum ,the other 4are aged 10to15monthsold however the youngest is not my sons although my son has him 3 nights a week along with his children . My son pays child support and also provides clothing and social stimulation for his children ,but his ex plays mind games , recently he was getting nothing butgrief from his ex picking a way at him all the time so my son said he wouldn't be picking up the youngest child , so now she has said he can't see his biological children anymore . My son has no money to go to see a solicitor after he has paid his child support rent household bills and food etc , he works full time and doesn't know which way to turn . May I also mention that he has been left with large debts from the marriage and has had to declaim himself bankrupt , any advice would be much appreciated re court costs to apply for joint custody and hopefully stop her playing these games as its affectin my son and his children
None - 23-Jan-17 @ 7:19 PM
Hello !!! I have a court order that was made in November 2015 and since the start my ex has breached every part of this. I have now been served with more court proceedings a c79 as my ex is saying that I have faulted the court order. From the start I have followed each step without fail. One of the breaches he is saying is that he has not had contact with his daughter since sept2016, We have always used whatsapp as means of communication and facetime so he can call his daughter however he has never called her, I on a couple of occasions (not many) have tried calling him however he has failed to reply i have also let him know the day and times that she is available (5days a week) my worry is will I get into trouble for not calling him on a regular basis as my thought have always been if he wishes to call his daughter that is up to him? Also as I have been served this court paper will it be possible for me to reply by sending the court my c79 form for it to be seen as the same time in court? Also he has failed to pay me child maintenance that was also stated on the order he has to pay me 14% of his wages so can I also get that seen on the same day as its stated in the order or would I need to have another court case just for this matter?. Basically I do not wish to have to go to court just to prove my innocence and then I have not been able to sort the real problems!! PLEASE HELP THANK YOU !!
Margaret - 20-Jan-17 @ 2:11 AM
My wife made domestic violence allegation on me when my son was two mouths old . Igot arrested and left on bail after year court give suspended sentence and community order. After all this me and my wife gone back together again but in few months I felt scared tht she gonna make me arrest again so I left her but she want me back again which I don't want she made condition if I will not be with he she will not let me c my son . Which she did so is tht any way I can get contact with my child because of domestic violence happen before he is on child protection plan . Pleas advise me what to do .
Sunny - 13-Dec-16 @ 1:38 PM
I have received a c100 from my wife which is asking the court not to allow me contact with my children. She has made a PSO too in emergency and argued domestic violence against me. Instead of just attending hearings can I also make a c100 application as a counter or do I let the court allocate it to FDRHA and take it from there. Which forms do I use to say my part?
Mick - 14-Nov-16 @ 2:01 AM
Jacob - Your Question:
I recently filed a c100 form to the court. I have a hearing in Dec. My questions are what happens a during this? Also I stayed in the form that my ex stopped contact without given explanation. She did. Would this go against me

Our Response:
There is no reason why stating your ex stopped access would go against you, as that is the reason why you and most other fathers decide to take the matter to court. Please also see: Contact Orders: the Process, link here which will give you further information, along with many other of the Separated Dads pages, which you would do well to read. I hope this helps.
SeparatedDads - 10-Nov-16 @ 2:18 PM
I recently filed a c100 form to the court. I have a hearing in Dec. My questions are what happens a during this? Also I stayed in the form that my ex stopped contact without given explanation. She did. Would this go against me
Jacob - 9-Nov-16 @ 8:28 PM
Nona - Your Question:
I'm in desperate need of help. My husband and I currently have our grandson living with us after his mum left back in early Sept after my son and her split up and she couldn't take the baby back to her mums as it was unsafe for baby, police were going to put him into protective custody of we didn't take them on, and now his dad, my son, left a week ago. They were living with us with baby but we had constant rows about their ability to look after the baby, he'd already been harmed at the house they left. The mum has mental health problems and cuts herself and my son has a drug problem. We have grave concerns as they now want to take the baby as they have a b&b but we believe the baby wouldn't be safe with them. The social service bloke who is on the case in our borough is less than useless & the health visitor is very worried but there's a limit to what she can do. We're currently filling out a C100 form as urgent, can anyone advise us about anything else we can do? Any other forms to help us get urgent custody of our grandson? Thanks in advance

Our Response:
I'm afraid we can't advise on this due to the fact we can only issue basic guidance and your son and his ex are already on the Social Services register and you are already progressing your case. I can only direct you to the NSPCC, where you can get further advice from a trained counsellor, please see link here.
SeparatedDads - 27-Oct-16 @ 2:16 PM
I'm in desperate need of help. My husband and I currently have our grandson living with us after his mum left back in early Sept after my son and her split up and she couldn't take the baby back to her mums as it was unsafe for baby, police were going to put him into protective custody of we didn't take them on, and now his dad, my son, left a week ago. They were living with us with baby but we had constant rows about their ability to look after the baby, he'd already been harmed at the house they left. The mum has mental health problems and cuts herself and my son has a drug problem. We have grave concerns as they now want to take the baby as they have a b&b but we believe the baby wouldn't be safe with them. The social service bloke who is on the case in our borough is less than useless & the health visitor is very worried but there's a limit to what she can do. We're currently filling out a C100 form as urgent, can anyone advise us about anything else we can do? Any other forms to help us get urgent custody of our grandson? Thanks in advance
Nona - 27-Oct-16 @ 9:19 AM
I'm in desperate need of help. My husband and I currently have our grandson living with us after his mum left back in early Sept after my son and her split up and she couldn't take the baby back to her mums as it was unsafe for baby, police were going to put him into protective custody of we didn't take them on, and now his dad, my son, left a week ago. They were living with us with baby but we had constant rows about their ability to look after the baby, he'd already been harmed at the house they left. The mum has mental health problems and cuts herself and my son has a drug problem. We have grave concerns as they now want to take the baby as they have a b&b but we believe the baby wouldn't be safe with them. The social service bloke who is on the case in our borough is less than useless & the health visitor is very worried but there's a limit to what she can do. We're currently filling out a C100 form as urgent, can anyone advise us about anything else we can do? Any other forms to help us get urgent custody of our grandson? Thanks in advance
Nona - 27-Oct-16 @ 12:25 AM
Worried new grandma - Your Question:
Please can anybody help. My son is 21 and his baby is 5days old. His ex partner is under the mental health and currently in a mental hospital with the baby, she is constantly saying she wants to kill herself and self harms after hearing voices. She has said she dosent want the baby. The girls mother is very intimadating telling the girl things that are not true. Also the girls mother is manlipulating the daughter.My son is desparate to have contact but his ex partner says one minute he can see the baby next minute he cant. He wants to take this to court but can not afford the costly fees and just dosent know what to do.Please please advise

Our Response:
I am sorry to hear this. If your son cannot afford the costly legal fees he can self-litigate, please see link here . I hope this helps.
SeparatedDads - 5-Oct-16 @ 11:49 AM
Please can anybody help. My son is 21 and his baby is 5days old. His ex partner is under the mental health and currently in a mental hospital with the baby, she is constantly saying she wants to kill herself and self harms after hearing voices. She has said she dosent want the baby. The girls mother is very intimadating telling the girl things that are not true. Also the girls mother is manlipulating the daughter. My son is desparate to have contact but his ex partner says one minute he can see the baby next minute he cant. He wants to take this to court but can not afford the costlyfees and just dosentknow what to do. Please please advise
Worried new grandma - 4-Oct-16 @ 12:20 PM
Mick - Your Question:
I split with my ex years ago ,firstly I've always wanted to be in my sons life ,but in this case over the 11 years she made this very difficult for me ,so I took the matter to Court and started having contact etc ,my son is on a child protection list due to her mothers relationship with violent men drugs and alcohol. The matter made the court once again and my son was removed from her house and he now lives with me ,so I've suggested and encouraged the contact with his mam to take place every other fortnight and half the holidays (just like I was awarded at court) but now I love in North East and she's in Yorkshire I suggested a half way meet point at Middlesbrough for contact ,now my ex is refusing to do this cause she has two other kids and can't get child care but yet can when she goes out drinking etc.surely she's in the wrong on this matter also states she's skint bit manages to drink and smoke cigarettes., I work full time aswell but my wife takes my son for contact. What advice is needed and what will the judge say cause I emailed him and due back in court this thursday 29th spetember 2016. Thanks for reading

Our Response:
I'm afraid we cannot anticipate what the judge may decide.
SeparatedDads - 27-Sep-16 @ 2:14 PM
I split with my ex years ago ,firstly I've always wanted to be in my sons life ,but in this case over the 11 years she made this very difficult for me ,so I took the matter to Court and started having contact etc,my son is on a child protection list due to her mothers relationship with violent men drugs and alcohol. The matter made the court once again and my son was removed from her house and he now lives with me ,so I've suggested and encouraged the contact with his mam to take place every other fortnight and half the holidays (just like I was awarded at court) but now I love in North East and she's in Yorkshire I suggested a half way meet point at Middlesbrough for contact ,now my ex is refusing to do this cause she has two other kids and can't get child care but yet can when she goes out drinking etc ...surely she's in the wrong on this matter also states she's skint bit manages to drink and smoke cigarettes.., I work full time aswell but my wife takes my son for contact . What advice is needed and what will the judge say cause I emailed him and due back in court this thursday 29th spetember 2016 . Thanks for reading
Mick - 27-Sep-16 @ 11:50 AM
Loz - Your Question:
I'm in a situation where me and the mother of my child are not talking. Her choice. We are unable to get on due to conflicted opinions, my attitude has become more heated and I find myself overwhelmed with frustration, coming across angry to her when we do talk as she is being unreasonable and unmoving to my requests to ask only to talk to my daughter on the phone. Its been over a month since I spoke to my daughter and her mother absolutely refuses to allow me to talk to her again based only on my argumentative attitude towards to her mum. This is wrong surely? Can you advise at all please?

Our Response:
Yes, of course, I can advise. First of all, I am sorry to hear relations have broken down and you have not seen your daughter for a month, but as unbelievably frustrating as it can be, you are not doing yourself any favours by becoming heated and irate when you do see your child's mother. When you split from your partner it is only natural that you will have some very raw emotions and find it difficult to get along with her. However, because you have a child together, it is important that you find a way to communicate. The situation is not only about the two of you but also about the wellbeing of your child and that is what you need to focus on, please see link here. If your ex is withdrawing because of your temper, this is only natural, I'm sure you would too if the shoe was on the other foot (this is not to condone her behaviour, but try and put it into context). Therefore, try and put yourself in her position and think about dealing with the issue another way, please see link here . Using reverse psychology shouldn't be used to manipulate the situation, but to try and see the other person's point of view and try to work with it. You may also wish to suggest mediation with your ex as a way of trying to resolve the issues out of court. Of course, if your ex refuses and or if she continues to be awkward and put barriers up regarding you seeing your child and/or for no reason, then you will need to contemplate taking the matter to court.
SeparatedDads - 22-Sep-16 @ 10:54 AM
Sauce- Your Question:
HEY THERE FARTHERS MY KIDS MUM HAS MOVED FROM HER HOUSE MOVED MY KIDS OUT OF THIER SCHOOL TRIED TO TALK TO MY KIDS RANDOMLY SHE DRAGGED MY KIDS UP THE ROAD WITH THEM SCREAMING TO SPEAK TO ME ANYWAY I NEED TO SEE MY KIDS THERE WAS A NON MOL ORDER ITS FINISHED NOW WHAT CAN I DO TO SEE MY KIDS ???MY KIDS ARE AGE 15 14 and 09 MY SONS BIN BRAINWASHED BETWEEN THE MUM AND HER NEW BLOKE WHICH ALSO USED TO SMOKE CRACK AND WAS IN A MENTAL INSTITUTION I ALSO KNOW HE LIKES YOUNGER GIRLS THIS IS A MAJOR PROBLEM TO ME! I DO NOT KNOW WHAT TO DO

Our Response:
You would need to apply to take the matter to court. The matter would then be referred to Cafcass and a report would be written, please see link here. As your elder children are now 15 and 14, they will be asked whether they wish contact to take place or not and their opinion will be considered through the courts. I hope this helps.
SeparatedDads - 21-Sep-16 @ 12:43 PM
I'm in a situation where me and the mother of my child are not talking. Her choice. We are unable to get on due to conflicted opinions, my attitude has become more heated and I find myself overwhelmed with frustration, coming across angry to her when we do talk as she is being unreasonable and unmoving to my requests to ask only to talk to my daughter on the phone. Its been over a month since I spoke to my daughter and her mother absolutely refuses to allow me to talk to her again based only on my argumentative attitude towards to her mum. This is wrong surely? Can you advise at all please?
Loz - 21-Sep-16 @ 8:16 AM
HEY THERE FARTHERS MY KIDS MUM HAS MOVED FROM HER HOUSE MOVED MY KIDS OUT OF THIER SCHOOL TRIED TO TALK TO MY KIDS RANDOMLY SHE DRAGGED MY KIDS UP THE ROAD WITH THEM SCREAMING TO SPEAK TO ME ANYWAY I NEED TO SEE MY KIDS THERE WAS A NON MOL ORDER ITS FINISHED NOW WHAT CAN I DO TO SEE MY KIDS ???MY KIDS ARE AGE 15 14 and 09 MY SONS BIN BRAINWASHED BETWEEN THE MUM AND HER NEWBLOKE WHICH ALSO USED TO SMOKE CRACK AND WAS IN A MENTAL INSTITUTION I ALSO KNOW HE LIKES YOUNGER GIRLS THIS IS A MAJOR PROBLEM TO ME! I DO NOT KNOW WHAT TO DO
Sauce - 20-Sep-16 @ 3:12 PM
Raj - Your Question:
Hi I have three children with my ex, I was seeing them until 2013 but then I remarried then she refused my access to children.I did try through mediation in 2014 but she did not co-opratebut I did not apply to court due to financial reasonnow I want to got to court as last mediation papers expired now I applied again for mediation again but she is not replying, if I go to court will I get my contact with children as I have not seen them formerly for nearly four yearschildren are 12, 10 and 8 years.I am remarried and have child from new wife as well.

Our Response:
We can't guarantee you will get access (as we don't know your background circumstances). However, you have a better chance of getting it than you would if you let the matter slip and don't try. In addition, if your eldest child is 12 years of age, he/she will be able to voice an opinion about whether he/she wishes to see you, given her age. Perhaps some legal advice may help you in the first instance, as this will allow you to explore your options. After that it is up to you whether you wish to be represented in court legally, or if the fees prove to high whether you wish to self-litigate, please see link here . I hope this helps.
SeparatedDads - 20-Sep-16 @ 12:23 PM
Hi I have three children with my ex, I was seeing them until 2013 but then I remarried then she refused my access to children. I did try through mediation in 2014 but she did not co-oprate but I did not apply to court due to financial reason now I want to got to court as last mediation papers expired now I applied again for mediation again but she is not replying, if I go to court will I get my contact with children as I have not seen them formerly for nearly four years children are 12, 10 and 8 years. I am remarried and have child from new wife as well.
Raj - 19-Sep-16 @ 2:59 PM
I have court next week and received my ex's parental questionnaire in the post today , the first 4 box's on the first page of the questionnaire was filled out by my ex but the rest of the form was filled out from recognizing the writing of my 15 yr old daughter.My ex has signed and dated it themselves and nowhere does it state on the form that its not being completed by my ex..... its a legal form i didn't think it would be allowed to be filled out by my 15 yr old daughter . Do i inform the court about this , as my ex has been emotionally brainwashing my daughter against me and even brought her to court and made her wait outside and bring coffee to them whilst we waited to go into court. Any help would be appreciated.
Mastergamer - 16-Sep-16 @ 2:00 AM
Rmhsrc - Your Question:
I have a court order to see my daughter for 1 hour every saturday. The 1st 3 weeks went well then her mum didnt turn up with her for the last 3 weeks :( on my court order it says I have family assistane order and cafcass will befriend the family untill it goes back to court. Do I contact them about my ex breaking the contact order or do I do a c79 form also how much will it cost?

Our Response:
Please see link: Breach of Contact or Residence Order: What to Do here, which should answer your question.
SeparatedDads - 22-Aug-16 @ 11:15 AM
I have a court order to see my daughter for 1 hour every saturday. The 1st 3 weeks went well then her mum didnt turn up with her for the last 3 weeks :( on my court order it says i have family assistane order and cafcass will befriend the family untill it goes back to court. Do i contact them about my ex breaking the contact order or do i do a c79 form also how much will it cost?
Rmhsrc - 21-Aug-16 @ 12:30 PM
ive split from my ex over 2 years ago and have had nothing but issues in regards to seeing my daughter. She wanted the arrangements that i had her every other weekend friday to monday which has been the case for months now. Over the course of the last month i have not seen my daughter and have been refused access to see her. I was told by my ex partner on wednesday that i can pick my daughter up at half 4 on friday. When arriving to pick up my daughter was told i am never seeing her again, and when shes old enough she will explain everything to her and she will understand. I have always been there for my child ever since day 1. My ex has had social services involved on more than one occasion due to the danger my daughter was in, she used to leave her with everyone else i would never know where she is or who she was with. Now that my ex is settled with a partner and has another baby on the way she is stopping me from seeing my daughter full stop, with no good reason. she has already refused MEDIATION. i dont know what to do.
Tom - 19-Aug-16 @ 6:13 PM
I haven't seen my child in over 7 months as my ex prevents me from doing so. I tried mediation but my ex wanted to be in control of where, when and how long I saw my child for.I filed a C100 and had my first hearing - at that point the Judge asked CAFCASS to do a report on us individually.In the meantime I filed a C2 (interim contact order) which I was denied as the court were awaiting the CAFCASS report.I had my second hearing and I still can't see my daughter as my ex told CAFCASS I had been violent towards her - which I was shocked to hear and this is not true. Due to health issues I currently no longer want to pursue this case as it's too stressful for me and is impacting on my well being. I wish to close the case for now.Please can you advice me.
Pete - 29-Jul-16 @ 11:58 AM
Share Your Story, Join the Discussion or Seek Advice...
Title:
(never shown)
Firstname:
(never shown)
Surname:
(never shown)
Email:
(never shown)
Nickname:
(shown)
Comment:
Validate:
Enter word:
Latest Comments
Further Reading...
Our Most Popular...
Add to my Yahoo!
Add to Google
Stumble this
Add to Twitter
Add To Facebook
RSS feed
You should seek independent professional advice before acting upon any information on the SeparatedDads website. Please read our Disclaimer.