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Application to cour...
 
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[Solved] Application to court contact order

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(@lostinblac)
Estimable Member Registered

Hello I'm attending to get contact with my child I've got mediation Monday which will fail regardless with an application to court does it have a section to explain what you want in detail and what contact you had previously like can you attach a letter and will it be read?

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Topic starter Posted : 19/08/2017 5:50 pm
(@superprouddad)
Reputable Member Registered

The C100 form has a small box in section 3 where you can briefly describe any previous agreements, how they have broken down, why you are making an application and what do you want the court to do.

I don't think you'd attach a letter at this stage, but on your court date, take multiple copies of a 2 page position statement where you can give a bit more detail.

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Posted : 19/08/2017 7:22 pm
(@lostinblac)
Estimable Member Registered

OK thank-you so on my application just write basically I had shared care before for 4 years ect then my.issue was with my youngest with my new partner we went through care proceeding due to a third party and got.found completely innocent and had her returned no.problems ect but since then I've had no contact should Include this in it? And how would I get a copy of my position to the judge thanks it's been a year and half since I saw my eldest

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Topic starter Posted : 19/08/2017 9:07 pm
(@lostinblac)
Estimable Member Registered

Also with regards with what I want the court to do I have a arrangement I'd propose should I write that in as it's pretty detailed or just save it for my first position statement

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Topic starter Posted : 19/08/2017 9:08 pm
(@superprouddad)
Reputable Member Registered

I'm not really qualified to comment on the content of the application. With regards to your position statement, just take 5 additional copies on the court hearing date, one for each magistrate, one for the legal adviser and one for the other party. Hand these in to the court usher.

Contact schedules should definitely not be in the C100, I don't intend to have a detailed contact schedule in my position statement. Try to put yourself in the skin of the magistrate reading the position statement. At that point, they are just trying to ascertain whether you are a suitable parent and if there are any risks to the child. Personally I think having a detailed contact schedule in a position statement may be counterproductive.

Given that you still have mediation monday, I also get the impression you may be getting ahead of yourself here. I totally understand you, I'm in the same position as you of not being able to see my son and not knowing when I'll see him again. We want this resolved yesterday, but by rushing we inadvertently make things worse.

Focus on the mediation session first. Try to listen and understand what your ex's concerns are. Try to address them. Perhaps that will help. If it doesn't help, then explain in your position statement that you tried listening and addressing your ex's concerns but all she did was raise new ones. Also focus on the C100 form, try to be specific about what you are asking for. Do you want overnights ? Do you want the child to live with both of you ?

I wouldn't worry a great deal about the position statement just yet, you are probably a good 10 weeks or more away from needing it.

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Posted : 20/08/2017 12:28 am
(@lostinblac)
Estimable Member Registered

Thankyou for replying
Yeah I'm jumping way ahead of myself
I'm aiming for a 3 part step 6 weeks supervised 6 weeks unsupervised day out then overnight collection from school so.i can build it all up again slow enough for my daughter to adjust would you say that's a fair plan?

When would I mention to the court of what I want as in means of contact as would the judge not want to no what I'm.applying for? Thanks for replying sorry I seem.all over the place it's been over a year of he'll with loads of stuff.going on and I just want to get this going

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Topic starter Posted : 20/08/2017 2:33 am
(@superprouddad)
Reputable Member Registered

As far as the C100 goes, I would just say "I ask the court to issue an order so that unsupervised and overnight contact with my daughter can be progressively re-established".

My understanding is that at the FHDRA there will be an opportunity to try and resolve things, so perhaps a proposed contact schedule can be attached to the position statement ?

Maybe others who are further along the process than me can comment.

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Posted : 20/08/2017 11:04 am
(@lostinblac)
Estimable Member Registered

OK thats great thanks so the first court case I have to prepare a position statement to give in? But don't prepare one to attach to the c100?

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Topic starter Posted : 20/08/2017 3:43 pm
 Mojo
(@Mojo)
Illustrious Member Registered

I completely agree with superprouddad, concentrate on mediation, try and make an effort to get an agreement in place, far better that than a court action, it puts a great deal f strain on everyone.

You don't have to prepare a PS, but it's helpful to the court to get some background and it's best to take it with you to the first hearing ...don't attach anything to the PS, but you can say in your statement that you have prepared schedule of the contact you would like and that you have it with you if the court wishes to have sight of it. Have 4 copies of everything that you wish to give out.

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Posted : 20/08/2017 5:37 pm
(@lostinblac)
Estimable Member Registered

Great advice from you both thankyou I would rather get it done outside of court I'm.fully open minded I'm just preparing what I assumes gonna happen as I've attempted to resolve this already and main issue I get first mediation free because ex get legal aid I don't qualify but I cannot afford anymore sessions as I'm on a low income but not lower enough to get it free and it's cheaper to go court ive asked for her number a fair few times as she changed it but not given it so will be asking again tomorrow but if that's no help and I get nowhere will simply not being able to afford mediation be enough to issue court will I get the form signed off

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Topic starter Posted : 20/08/2017 7:22 pm
 Mojo
(@Mojo)
Illustrious Member Registered

I'm not sure about not being able to afford any further sessions and how the mediator might take it. A session of mediation costs less than the court application, it's usually about £90-100 and a court application is £215. I would say that you need to weigh up whether it's worth a second session, but if you make progress at the first session, it would be a shame not to give it another go.

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Posted : 21/08/2017 12:04 am
(@lostinblac)
Estimable Member Registered

Hello the mediation is 240 per 1hr half and if she drags it.out it's gonna cost a fair bit isn't court more straight forward then mediation as it's fully legal

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Topic starter Posted : 21/08/2017 2:26 am
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