[Solved] applying for court orders

Hi Baba

There is no need to apologise, you are welcome here and we will do our best to help you.

The application form you will need for a non molestation order is FL401 and I don't think there's a charge to submit this. You can make this as a no notice or ex parte application, which means that the other person does not have to be notified that you have made the application before you go to court.

The form you will need to apply to stop your child being taken out of the country is a Prohibited Steps Order. This can be done urgently if you think that there is a risk of this happening very quickly, and in this case you would make an urgent no notice application. The form you will need is the C100. If it is not as urgent, then as you have already attended mediation and she has refused, you can ask the Mediator to sign the C100 form so that you can apply for a Prohibited Steps Order and a Child Arrangements Order for contact. I think you can ask for both things on one application form. There is a charge of £215 to apply and it would be a good idea to take the completed forms into court and ask them to check them for you whilst you are there so that you can correct any mistakes you might have made filling in the form.

If you are on benefits or a low income you might be able to avoid paying the court fee and to apply for this you will need form EX160a.

If you were married to your ex, or are named as the father on the birth certificate then you have Parental Responsibility. If not then you will also have to apply for this at the same time and you will need form C1 to do this.

If you think your child is at risk of harm then you should contact your local Social Services Department and share your concerns with them.

I will ask Coram Children Legal Centre to drop by and offer some advice as they are the experts.

Good luck

thank You

thank You

thank You

I start to breathe, again, as well as too short, is something, instead of nothing at all

now, at least, I know where I can start to search

...

the possibility to don't let her know about the order is a safeguard for me: at the moment she let me knew that she's pregnant and this is one of the reasons that she don't want to keep me in contact with my little one, she suggest that I keep both of them under a negative influence and this isn't good at all

...

another call, today, another hang up 🙁

...

If I can keep all of it, as far as possible from let her know about in the next period, it will be something that don't stress me more, than how I already am, with argues from herself about the fact that if something will go wrong it will be only my fault

I already listen that story, in the past, and I'm afraid that can be happen something that she can use against me, to prohibit at all to will see me my little love

...

I'll ask to the mediator to fill the form for me, asap, just because like this I can proof at least this, in front of all the insults that she spread around, against my person

at the moment I'm the one that have to do the big job, to demonstrate that I'm not the ugly and bad father (and person) that she continue to describe

I'll start as well, some searches about the Coram Children Legal Centre, just for understood if I can book an appointment for the next week

...

I have to pass through before the mediator, for the C100, then go to the court and ask for the two more applications, if I understood well; if this will be the procedure to follow, there is anyone that can let me know about how much time that can request?

I already contact the police officer that follow my case last time, I hope that I can speak with her soon

just the last question, please: at the moment I'm living in Shepperton (Surrey), I don't know if I have to apply for the courts order directly there or I have to move back to London where my daughter and my ex lives

if I have to apply there, how I can find the "right" court that I have to go to?

I keep the finger crossed

as well is that hard, in a part, is good to know that I'm not alone

thank You so much

Dear Baba,

Thank you for your enquiry.

To clarify, a Non Molestation Order is an order aimed to prevent the mother from harming yourself or a child. Typically it will prevent the mother from making direct (and in some instances indirect) contact with yourself as a result of pestering, harassment or violence against you and this can be extended to protect a child. To make this application you need to complete the FL401 available at www.justice.gov.uk or from your local Family Court. You should consult the FL700 for guidance on this order available from the same sources. There is no fee for this application and it can be made on an urgent without notice basis if appropriate, i.e. as soon as possible without the mother present. You will need to have evidence that this is warranted i.e. that a child or yourself will be significantly harmed if the order is not made immediately.

Before advising you fully on the legal position regarding your child, it is important to understand whether or not you have Parental Responsibility for your child.

You will have Parental Responsibility for your child if:
• You were married to the mother at the time of your child’s birth; or
• You subsequently married the mother after the birth of your child; or
• Your child’s birth was registered after 01/12/2003 and you are named on your child’s birth certificate; or
• You have entered into a Parental Responsibility Agreement with the mother; or
• You have had a Parental Responsibility Order granted in your favour by the courts; or
• You have had residence of your child awarded in your favour through a Residence or Child Arrangements Order by the courts.

Having Parental Responsibility would mean you would have equal legal rights for your child along with the mother. In practice this would mean you would have a right to an equal say in all key decisions in your child’s life, this would include for example any medical, educational or religious decisions. This does not however grant an automatic right to contact with the child, the law only imposes a duty to be reasonable.

In the absence of any court order regarding contact with the child it is for mutual agreement between yourself and the child’s mother how the child’s time is split. If this is the case the mother is under no obligation to make the child available for contact.

Having Parental Responsibility would mean that your consent will be needed for the mother to remove your child from the jurisdiction of England and Wales. If there is a risk that the mother will try to apply for the child’s passport without your consent and leave the country with your child then you can take steps to prevent this.

Before you can litigate in court it is a legal requirement that you attempt mediation. You must make an appointment and be signed off as having attempted mediation in order to apply to court for any order.

If mediation is unsuccessful and the mediator has confirmed this then you can apply for a Prohibited Steps Order to prevent the mother from removing the child from the jurisdiction and prevent her applying for the child’s passport. You can do this using a C100 form again found in your local Family Court or at www.justice.gov.uk the guidance form for this is CB1. You might also want to apply for contact or residence of your child using the same C100 form under a Child Arrangements Order. There is a fee of £215 for applying for a Child Arrangements Order and Prohibited Steps Order using the same C100 form. If you are on a low income or on benefits you may be eligible for a full or partial fee exemption and should consult the fee exemption form EX160A, again available from your local family court or online at www.justice.gov.uk

When courts make a decision regarding they child they will consider what is in the best interests of your child, in order to establish this they will consider the welfare checklist:
• Wishes and feelings of the child (weight given to those feelings depend on age of the child with more weight being given to a child over the age of 11)
• Child’s physical, emotional and educational needs
• Effect of any change on the child
• The age, [censored] and background of the child
• Any harm which the child has suffered or may suffer
• How capable each parent is of meeting the child’s needs

As for funding your legal fees there is very little legal aid on offer in this area however it is possible for you to represent yourself in these cases and the court is very used to this – what is known as a Litigant in person. Obviously people can get very nervous representing themselves in court as such on our website www.childrenslegalcentre.com we have a ‘How to’ guide for attending court this can be found under our fact sheets. If you opt to be a Litigant in person in your own case the only fee you will have is the initial court fee which would be £215 in this case unless subsidised due to a reduced income.

Yours Sincerely

Coram Children’s Legal Centre

Dear Baba,

Thank you for your enquiry.

To clarify, a Non Molestation Order is an order aimed to prevent the mother from harming yourself or a child. Typically it will prevent the mother from making direct (and in some instances indirect) contact with yourself as a result of pestering, harassment or violence against you and this can be extended to protect a child. To make this application you need to complete the FL401 available at www.justice.gov.uk or from your local Family Court. You should consult the FL700 for guidance on this order available from the same sources. There is no fee for this application and it can be made on an urgent without notice basis if appropriate, i.e. as soon as possible without the mother present. You will need to have evidence that this is warranted i.e. that a child or yourself will be significantly harmed if the order is not made immediately.

I want to apply for a NMO to prevent any further contact from my ex in any manner, as is telephone, email, etc and keep only the contacts and calls, at the moment the only way that I had, for speak with my daughter

she applied for a prevention of harassment from the police, the last November and that's it what she try to use against me to keep me away from my daughter: the point is that when I spoke with the police officer she let me know that this kind of orders are both ways, so it's valid as well for me to prevent her to do something like this, in this sense I had the proofs of the harassment that she did against me in the time, and this is the reason that I want to ask for the NMO order, but I don't think so it's enough for asking for an immediate order applying

Before advising you fully on the legal position regarding your child, it is important to understand whether or not you have Parental Responsibility for your child.

You will have Parental Responsibility for your child if:
• You were married to the mother at the time of your child’s birth; or
• You subsequently married the mother after the birth of your child; or
• Your child’s birth was registered after 01/12/2003 and you are named on your child’s birth certificate; or
• You have entered into a Parental Responsibility Agreement with the mother; or
• You have had a Parental Responsibility Order granted in your favour by the courts; or
• You have had residence of your child awarded in your favour through a Residence or Child Arrangements Order by the courts.

Having Parental Responsibility would mean you would have equal legal rights for your child along with the mother. In practice this would mean you would have a right to an equal say in all key decisions in your child’s life, this would include for example any medical, educational or religious decisions. This does not however grant an automatic right to contact with the child, the law only imposes a duty to be reasonable.

In the absence of any court order regarding contact with the child it is for mutual agreement between yourself and the child’s mother how the child’s time is split. If this is the case the mother is under no obligation to make the child available for contact.

Having Parental Responsibility would mean that your consent will be needed for the mother to remove your child from the jurisdiction of England and Wales. If there is a risk that the mother will try to apply for the child’s passport without your consent and leave the country with your child then you can take steps to prevent this.

I'm on her birth certificate and at the same time she have my own surname / family name. I hope this it can be enough to demonstrate that I'm eligible for Parental Responsibility. at the same time, trying to keep a record of what I'm asking for, I asked for a mediation appointment after that she said to me she missed the one that she booked

Before you can litigate in court it is a legal requirement that you attempt mediation. You must make an appointment and be signed off as having attempted mediation in order to apply to court for any order.

If mediation is unsuccessful and the mediator has confirmed this then you can apply for a Prohibited Steps Order to prevent the mother from removing the child from the jurisdiction and prevent her applying for the child’s passport. You can do this using a C100 form again found in your local Family Court or at www.justice.gov.uk the guidance form for this is CB1. You might also want to apply for contact or residence of your child using the same C100 form under a Child Arrangements Order. There is a fee of £215 for applying for a Child Arrangements Order and Prohibited Steps Order using the same C100 form. If you are on a low income or on benefits you may be eligible for a full or partial fee exemption and should consult the fee exemption form EX160A, again available from your local family court or online at www.justice.gov.uk

I already ask, and applied, for a mediation appointment but, after the first introduction appointment, she refused to continue with, saying that she don't have the money to do it and, in this sense, she still waiting for the regulation that the CSM is applying too, to give her the correct amount that I have to pay her, then after that she will apply for the mediation

except for the note that she sent me in the last email where she let me know that she's in contact with her lawyer for a better understood about what is the best to do for herself: in this sense, I don't know at all, but there is any chance to ask for a free lawyer service? or something like that?

When courts make a decision regarding they child they will consider what is in the best interests of your child, in order to establish this they will consider the welfare checklist:
• Wishes and feelings of the child (weight given to those feelings depend on age of the child with more weight being given to a child over the age of 11)
• Child’s physical, emotional and educational needs
• Effect of any change on the child
• The age, [censored] and background of the child
• Any harm which the child has suffered or may suffer
• How capable each parent is of meeting the child’s needs

at this moment I'm in the bad position between us, where I'm living in a shared room out of London: that's what my job bring me too. But I'm not worried about that, I'm already thinking about it and try to find a solution to be back in London, to keep myself as near as possible to my daughter

for what concern the changes, until this moment, I always ask and want that my daughter was keep in her mother house, as well when I leave the flat where we lived together, move in another one, near to them, and every morning go and stay with her, then goes to work, all of it with the idea that less changes for the little one there was the best solution to keep her safe

the same now, when I come for the weekends for our times together, as well that means that I cannot stay with her overnight, but the important it's always that she feels good, overall

until the moment where, with a verbal agreement, before, and after with an email (that I start to send too late to keep an history of all the verbal agreements changes that we applied for) my ex ask to me to bring my daughter with me in the hotel, for the night, try to had her own time, just for let me know, after, that in all that time I didn't do enough to find a better solution to keep my daughter not in a hotel for the night

As for funding your legal fees there is very little legal aid on offer in this area however it is possible for you to represent yourself in these cases and the court is very used to this – what is known as a Litigant in person. Obviously people can get very nervous representing themselves in court as such on our website www.childrenslegalcentre.com we have a ‘How to’ guide for attending court this can be found under our fact sheets. If you opt to be a Litigant in person in your own case the only fee you will have is the initial court fee which would be £215 in this case unless subsidised due to a reduced income.

Yours Sincerely

Coram Children’s Legal Centre

I think I'm eligible for the low income fee, at this very moment I need to know which can be the times that the mediation service need, and the court after them to makes my requests real

I already downloaded most of the sheets on the CCLC site, time to read them and I will see which kind of guide I need next

...

I'm trying to do everything that I can, to be on time, in this sense I read somewhere in the forum that, maybe Mr Slim, talk about courses that the court can ask the fathers applying for (to be a better father, it can be the name of the course maybe?) just I don't know where I can looking for, to find one of them, there is anyone that can help me to solve it,please?

overall, thanks for all the unexpected and very usefull help that the forum are giving too me

Thank You soo much

Legal aid is no longer available for solicitors unless there is a domestic violence allegation. However, it is available still for mediation, so it may be worth looking into that option.

@actd: thanks for the advise, now I can be sure that there isn't any kind of free law advice that is possible to asking for

...

I write, again, this message, just because I think that was an error with the forum and the last one, there was lost

Here is me, again

I received the C100 from the mediation, so now I'm able to move through the court, this Monday asking as for the NMO Order, as for Prohibited Steps Order and, after the suggestions of Mojo I'll start to apply as well for the Child Arrangements Order

my idea, on a first moment, it was to apply for the CAO only after I'll be back in London with a work there, and my own place where to live, but I understood that the court takes long times, before start with an application,so it's preferable to start it as soon as possible

at this point, I have to read properly all the form and all that is necessary, keep everything ready for Monday and, after that, just waiting until the court let me know about my requests

I still have to contact social services, to be honest, but I think that I can start to contact Coram and be in contact with them before try to contact anyone else...

I'm not sure about the next steps, to be honest, I only want to be back with my daughter asap and, in this sense, I'm already applying to find a job, in London

it's look so long at this moment, everything still have to start in a real manner, and in the middle I'm still away from her

it's so hard, sometimes

...

this forum is a real anchor for a lot of fathers, like I feel myself in this moment

thanks, to all of You

Yes it was lost and its such a pity because you got some informative replies. Did you manage to read them before the forum went offline?

Mojo gave you a link to a domestic violence website that offers free assistance and help with the N mO application., did you manage to follow that up?

Good Afternoon,

thanks for the reply. for my luck I had a subscription to this topic, so I received the message that Mojo wrote as an email...but just that one

I will read it again, tomorrow, start to prepare everything for go to the court ready

...

Right now I'm still thinking about one particular: when I'll move to London, I'll have to come back to the court here for any further progress or hearing, or there will be the chance to "move" the procedure to a London court?

I'm sorry for this crossposting, I don't think so it's a good practise at all, but at the moment I'm stuck on compiling the C100 forms and I need an help from the forum, where possible:

(on a first moment I think that I had all the necessary information about, but it wasn't true...)

so, for what I understood I need to compile:

- four copies of the C100 for what concern as the Child Arrangements Order as the Prohibited Steps Order, one for me one for the court one for the CAFCASS and one for the other part involved (in total eight copies...)

- three copies ? of the C100 for the No Molestation Order, one for me, one for the court and one for the other part when she will be inform about it?

- one copy only of the FL401? or as well in this case I need four copies? one for each of the parts that will be involved?

can I use the same C100 form for made more than one request? (Child Arrangment and Prohibited Steps Order)

is it correct?

if there is any topic already opened with the information above, I'll be really happy to follow it, without ask for something that was already discussed about

thank You so much

Hi baba

I'm pretty sure you should be able to apply for the CAO and the PSO on the same form. Call the court help desk and ask them to confirm this because different courts seem to work differently.

You need 4 x copies of the C100, if there are safeguarding concerns for your child then you should also fill out a C1a form and if you do you will need 4 x copies of that too.

The FL401 is to apply for the NMO and I would suggest you need 3 copies of that, but check with the court help desk to make sure.

I don't understand what you mean by three copies of the C100 for the NMO, that is applied for on the
FL401.

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/fl700-eng.pdf

This a link to the leaflet that might help you fill in the FL401