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Hi, I recently filed a C100 and c1a application to the courts, I done this Thursday, Friday I get a c21 blank order form which states child is to remain in my car until the hearing (tommorrow 2pm). I served these to my ex on Friday. She refused to tell her solicitors name and company so I could also serve them a copy. It’s now Sunday and hearing is tommorrow. I am yet to receive a copy of her response to allegations & still no news about a solicitor on her behalf. My son has resided with me 308/365 days of the PST year. Mother now stating she wants to return to original court agreement from 5 years ago which gives me minimal time. This would significantly break his routine with his half brother and step sister which he has been accustomed too over the past year. He is 7 in two weeks and states he wants to live with daddy and his brother but still visit mummy. She agreed to let him reside with me due to her mental state of mind and not being in a good place not being able to cater for his basic needs, I.e food, gas, electric, bedroom and schooling (which is a major issue) when in her car he misses 2/3 days a week consecutively. To the point it’s actually been to court because she has no contact with the school, she paid the fine and was let off I fought my side in court and got a absolute dismissal due to it only occurring while in her car. I have reports from school stating his lack of social and emotional skills due to this whilst in her care. But in dads care he is fine.
Can anyone give me more info on what I could do if I don’t receive a copy of her response to allegations before the hearing ? And also no word of a solicitor from her behalf yet, and the hearings tommorrow.
hi,
if she does attend hearing, may say had no time to get solicitor or write response to allegations. at worst the hearing might get adjourned to future date.
It’s a phone hearing,
She stated to me verbally Wednesday she’s already spoken to her solicitor and will take it back to court, I then replied I’ll book a mediation as that’s first step, she replied nope this is going straight to court (considering previous mediation she was a no show). If the hearing gets adjourned obviously they have granted me a c21 blank Ofer stating he is to stay in my care until hearing tommorrow, will this still stand until further hearing? Also I done the C100 and c1a online and at no point did it give me a chance to upload any position statement or evidence ( I have loads) can I show this all at a further hearing? Or do I state in the phone FHDRA hearing tommorrow about all evidence I have.
email your position statement to court if you haven't done so. hopefully they will have it in front of them tomorrow. can be brief 1-2 pages. your in a strong position already. First hearing is basic, they will not be interested in evidence. they just want to know what the issues are, and decide on the next steps.
it would be unusual for them to change the status quo of child being in your primary care at this stage.
So FHDRA within 5 minutes judge stated he is to reside with myself, mum made clear a response to allegations of me not having him this amount of time. To be precise I have worked out evidence of me having him 316 of the past 366days. As stated all with evidence mum reckons since schooling issue has been sorted but that’s because he’s been in my care (with evidence and on the days she did have him Unauthorised absences still happened. Judge didn’t grant a PSO as mum promised she would not go against it. I showed full compliance with mum having regular visitation while we wait for next hearing. We’re currently waiting to hear from Cafcass to file reports. With the position statement can I provide these to herself and the judge prior to the next hearing or should I do this as soon as possible. I know this is only the first hurdle but do you have any opinions on where this might go?
hi,
so cafcass will be doing a section 7 report, and will interview you.their report with recommendations should be out in time for your 2nd hearing. yes for your next hearing, you should turn up with your position statement and hand to judge and your ex on the day. if it will be a remote/phone hearing, just email it to court and your ex/solicitor.
Hi, so today was mothers first visitation day ( Thursday 12-friday6pm) he’s been very reluctant all week to go for the sleep. I convinced him by saying it’ll be fun he hasn’t seen mummy in a while and she was going to take him shopping for his birthday presents and was going to see his nan and grandad too. Eventually this morning he agreed to sleeping there. I dropped him off at 12pm, at 1.20pm he calls me in floods of tears (histerical) saying he wanted to come home, I assured him I will get him ( mum also said if he wanted to go back to daddy’s then he could) I picked him up shortly after, he was very quiet when I arrived as soon as we got in the car and drove off his mood changed and turned into the happy little chap he usually is. (I always have to convince him to go to hers, I have emailed the judge regarding today’s first visitation after our FHDRA arising my concerns for him being there for such a short amount of time etc, anyone else been in this situation? I feel there has been a serious break in relationship between mother and son, due to such a lack of regular visits.
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