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

By: Abigail Taylor - Updated: 27 Jul 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.

Separated Dads Chat Room & Forum

Check out the Separated Dads Forum... It's a great resource where you can ask for advice on topics including Child Access, Maintenance, CAFCASS, Fathers Rights, Court, Behaviour or simply to have a chat with other dads.

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[Add a Comment]
Sib - Your Question:
Hello ever body, this is my first time here I am going to apply for a child contact order, I have already attended mediation meeting and I will receive certificate on 27.07.17 I have filled up c100 form and have found nearest court. My question is how to pay the fee and how to submit my application? Thanks for your support.

Our Response:
You can pay in person at the court by cheque, cash, debit or credit card or by post with a cheque made out to ‘HM Courts and Tribunals Service’. I hope this helps.
SeparatedDads - 28-Jul-17 @ 12:33 PM
Hello ever body, this is my first time here I am going to apply for a child contact order, I have already attended mediation meeting and I will receive certificate on 27.07.17 I have filled up c100 form and have found nearest court. My question is how to pay the fee and how to submit my application? Thanks for your support.
Sib - 27-Jul-17 @ 2:25 AM
could anyone help me i am trying to get hold of maintancepaperwork from 27 yrs ago as i have lost mine i have case number any ideas will be welcomed thank you
whats this - 23-Jul-17 @ 2:50 PM
Mickey - Your Question:
I have been to the first hearing with my child's mother and was unable to resolve my case so have received a letter inviting me to another hearing. It says I need to write a statement to my child's mother. I am a bit confused by this as I thought at this stage I would only need to address the court and cant seem to find any advice online about how to go about this

Our Response:
I will put your question on our Facebook page to see if any of the dads who have been through this process before can advise. Please refer here for your answers.
SeparatedDads - 18-Jul-17 @ 11:46 AM
I have been to the first hearing with my child's mother and was unable to resolve my case so have received a letter inviting me to another hearing. It says I need to write a statement to my child's mother. I am a bit confused by this as I thought at this stage I would only need to address the court and cant seem to find any advice online about how to go about this
Mickey - 17-Jul-17 @ 5:28 PM
Braddad - Your Question:
Hi, Me and my ex partner have been split for over a year now, I have constant access to my daughter Thursday night through till Saturday Morning. But she is starting primary school in September and my ex partner is now saying I need to get weekends off in order to see her otherwise I will not see her at all, I put to her that I can take her to school on a Friday which I have off every week she said this is not healthy on my child getting up early to take her to school we live roughly the same distance from the school if not I live slightly further. But she's very controlling on my life, E.g. my daughter is only allowed to see me none of my family members at all otherwise she'll stop me from seeing my daughter, She stops me from taking her to see my girlfriend who has no problems at all she has a child too. Constantly feel like I'm walking on egg shells with her and anything I do she needs to know, My name is on her birth certificate and has my last name if any of this helps?

Our Response:
Your only options are either to suggest mediation in order to resolve these issues, please see link here or if your ex refuses, take the matter to court. I'm afraid there is no other way around such a situation. However, court is always seen as the last resort and can be a very stressful option.
SeparatedDads - 14-Jul-17 @ 2:52 PM
Hi, Me and my ex partner have been split for over a year now, I have constant access to my daughter Thursday night through till Saturday Morning. But she is starting primary school in September and my ex partner is now saying I need to get weekends off in order to see her otherwise I will not see her at all, I put to her that I can take her to school on a Friday which I have off every week she said this is not healthy on my child getting up early to take her to school we live roughly the same distance from the school if not I live slightly further. But she's very controlling on my life, E.g. my daughter is only allowed to see me none of my family members at all otherwise she'll stop me from seeing my daughter, She stops me from taking her to see my girlfriend who has no problems at all she has a child too. Constantly feel like I'm walking on egg shells with her and anything I do she needs to know, My name is on her birth certificate and has my last name if any of this helps?
Braddad - 14-Jul-17 @ 11:31 AM
I have been to court to change a resident order as my daughter now lives with me, i have 1 hearing which they wanted a feeling and wishes report done on my child. I now have to fill out a form on the court website in responds to a cafcass report but I do not know what form it is ? Thanks in advance
DOM - 29-Jun-17 @ 6:25 PM
Hello there, my girlfriend has been served a C79 by her ex. She's going to self represent, could you advise what form(s) she needs to complete for court? Many thanks
A - 20-Jun-17 @ 9:43 PM
Julie - Your Question:
I wish to return to court and ask judge to look again at the assessments done on myself ,which were lies and proven to be yet the Social worker at the time proceeded to present these lies to a judge thus why I have been stopped from taking care of my grandchildren who are up for adoption.

Our Response:
You would have to seek legal advice to see whether you can appeal the decision. Generally, appeals should be lodged within 21 days. This timeline is very strict.
SeparatedDads - 20-Jun-17 @ 4:21 PM
I wish to return to court and ask judge to look again at the assessments done on myself ,which were lies and proven to be yet the Social worker at the time proceeded to present these lies to a judge thus why I have been stopped from taking care of my grandchildren who are up for adoption .
Julie - 20-Jun-17 @ 3:08 PM
carl0418 - Your Question:
I'm at whits end and desperate for some help. I'm being refused any sort of access to my 8 yr old. When his mother and me finally split after a year of constant arguments. Things were semi civil between us. I was allowed to see my son. It wasn't easy but I got to see him. Most of our arguments revolved around money. And silly things about the break up. She worked nights and her eldest would watch him she went work. For the past few years this would be my responsibility. She had a physical fight with her son and he moved out. I was told I would have to watch my son. Which of course I did. It wasn't easy considering I was staying at families. We ended up having words over the time she was dropping and the fact she couldn't stick to them. She stopped me having him. And now she's refusing any form off access. I was paying a lot of money to her and have dropped that to the amount the CSA have told me. It has also been proven that she was having a affair and had since moved this person into the family home. They have rang the police to say I've made threats against them. No further action from the police after I agreed to give a statement on tape and proved that there was two sides to the story. I'm being accused of all sorts including abuse towards her and my son. What can I do about all of this. I just want my son in my life

Our Response:
If your ex is denying you access for whatever reason, and will not negotiate you would have to go through the process laid out in the link here.
SeparatedDads - 22-May-17 @ 12:19 PM
I'm at whits end and desperate for some help. I'm being refused any sort of access to my 8 yr old. When his mother and me finally split after a year of constant arguments. Things were semi civil between us. I was allowed to see my son. It wasn't easy but I got to see him. Most of our arguments revolved around money. And silly things about the break up. She worked nights and her eldest would watch him she went work. For the past few years this would be my responsibility. She had a physical fight with her son and he moved out. I was told I would have to watch my son. Which of course I did. It wasn't easy considering I was staying at families. We ended up having words over the time she was dropping and the fact she couldn't stick to them. She stopped me having him. And now she's refusing any form off access. I was paying a lot of money to her and have dropped that to the amount the CSA have told me. It has also been proven that she was having a affair and had since moved this person into the family home. They have rang the police to say I've made threats against them. No further action from the police after I agreed to give a statement on tape and proved that there was two sides to the story. I'm being accused of all sorts including abuse towards her and my son. What can I do about all of this. I just want my son in my life
carl0418 - 21-May-17 @ 6:28 PM
Help! I am trying to find a stated case t Which prevents a my ex getting residence order via getting a prohibted steps order. She has applied for a prohibited steps order hearing tommrrow morning and i know there is a stated case which blocks the steps as it makes them have full custody. Thanks
Dad2202 - 11-May-17 @ 10:37 PM
I left the UK in a couple of months ago and trying to sort out a contact order from here.My ex and I are in agreement about everything so hopefully things will move smoothly. Do I need to apply in her local court or I can do it in any court?
Mo - 16-Apr-17 @ 1:42 PM
please can you send me some information on making a file/bundle and how it should look like. Also any chance of getting a copy of that guide please. Second hearing in June, at current section 7 been ordered plus section 8 from my ex. Applying for contact for son who she has not seen me in three years because she has denied me any access got P off so going through court with no solicitor. She got solicitor and cafcass on her side by the looks of it. Any idea of how many statements I should try and get for evidence. Also any body know any good cases I could take in a extra evidence or support. what I mean is Mr.Smith Applicat v Mrs.Smith child contact order cases that are proven winners. Anyway thanks guys any advice would be great and of value. Good luck. anser
Single Dad - 13-Apr-17 @ 12:04 AM
Hi My x well we are still trying to get the divorce through. I tried for annulmentbut he lied under oath. I have tried to find a way to report but no one knows about it much here in UK. Even solicitor wont spend time on it. A divorce petition filled on my X part on domestic violence and sexual abuse when we never slept again. I was glad i had a "white Judge" because he did rejected the petition with the reasons since there were no evidence what so ever and not possible as well with the timing and condition that it had ever taken place. Further more he lied a lot under oath which I can prove. Issue was first time +2nd +3rd i had a " asian judge male" and He acceptaced last minute "proof" even thoug they were fake had i knew what my x would bring i would have been to provide the official and real letters. That is how he won the case. Now I want to report the lies under oath with all the proof. Can you please advise me? Thank you
Lost - 27-Mar-17 @ 1:08 PM
JR - Your Question:
Hi all,I'd like advice on the following please. My ex has stopped contact between me (father) and my daughter (5 years old) My ex and I have a tempremental relationship and sometimes do not see eye to eye, however over the past 2 years I have been seeing my daughter every other month, some long weekends and also during the school holidays. I live in London and my daughter lives in Devon, travel can be expensive as I'm unemployed but my family and I priorities my daughter. My daughter is very much part of my family and I would like advice on what I can do to gain access to my daughter, as my ex will chop and change her mind regarding when and if I can see my daughter depending on how she feels on that day. I'm also a little worried as my ex is moving to a new part of England at the end of April a) I don't agree with move as my daughter is flourishing where she is now and has a good family unit b) if they move before my exes mood changes I won't know where my daughter is. I currently do not have any legal access rights, however I am named on my daughters both certificate. Any advice would be appreciated.

Our Response:
Your only recourse is to suggest mediation as a way to resolve the issues, please see link here or, if your ex refuses mediation, or mediation breaks down, then you will have the option to apply to court. However, you may wish to seek legal advice regarding this and to help explore your options regarding the potential move.
SeparatedDads - 27-Mar-17 @ 12:03 PM
Hi all, I'd like advice on the following please. My ex has stopped contact between me (father) and my daughter (5 years old) My ex and I have a tempremental relationship and sometimes do not see eye to eye, however over the past 2 years I have been seeing my daughter every other month, some long weekends and also during the school holidays. I live in London and my daughter lives in Devon, travel can be expensive as I'm unemployed but my family and I priorities my daughter. My daughter is very much part of my family and I would like advice on what I can do to gain access to my daughter, as my ex will chop and change her mind regarding when and if I can see my daughter depending on how she feels on that day. I'm also a little worried as my ex is moving to a new part of England at the end of April a) I don't agree with move as my daughter is flourishing where she is now and has a good family unit b) if they move before my exes mood changes I won't know where my daughter is. I currently do not have any legal access rights, however I am named on my daughters both certificate. Any advice would be appreciated.
JR - 26-Mar-17 @ 7:36 PM
hi need advised about how to withdraw child arrangement order application from family court.recently i put application to seek contact to my children but i change my mind. can you pleaseprovide information thanks
Amraiz - 13-Mar-17 @ 7:12 AM
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
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