[Solved] At a loss as to next move C100?

Hi, I was in the same situation a couple of years back. I just bit the bullet and applied for mediation which she refused to go to. That allowed me to apply for a c100. That's what I would do if I was you as it sounds like your ex will refuse to go too. If she refuses it won't look too good for her in court.

Hi,

Sorry to hear about your situation, reading this scares the [censored] out of me cos all i have is court but it seems like mothers can do what they like with no recompense.

Anyways, im pretty sure you still need to attend mediation regardless, £72. and a C-100 form is £215.

I've ranted on before and feel the need to have another rant here....sorry but need to let this out.

Spent a little over £10,000 in 6 years fighting a needless senseless fight to stay in my child's life, no safe guarding issues, all CAFCASS involvement prove no issue or reason for me not to be involved in my child's life
Last years new CAFCASS case worker did me over by going on a 7yr olds alleged wishes and feelings without looking in to the past 5yrs of hostility by the ex or the judgements damming the ex. the CAFCASS worker wouldn't even push for supervised contact to assess how my child is with me....previous ones did and proved no reason for not wanting to see me and no fear or worry when with me....that all proved the ex was manipulating and trying to alienate me.

this case is one that had I the funds to do so in Jan I would have needed to go the court of appeal (London) then the High court (London) costs which I simply couldn't even begin to find a way of paying out......don't forget...if i'd won the appeal and high court too I wouldn't be able to claim my costs back from the ex as that would impact my child indirectly....something is seriously wrong with our justice system.

if I did wrong, lied, abused someone i'd be punished....penalties of Fines, community service, prison would be handed down.....but not in family court to a mother who lies and exploits the system to alienate her child from his father!

Batman suit sizing is next option by looks of things.

it absolutely stinks that I've now got to attend a MIAM for a cost of £95+vat in order for me to get a signature to say "mediation will not work in this case" that then allows me to apply to vary an order that should never have been made given the 6yr history of non-compliance by the ex to all the previous orders by court.

maybe i'd have been better throwing the £329.00 this is now going to cost straight on the local bonfire tomorrow night!!!! :sick: 😡 🙁

Have you tried shopping around with mediators in case you can find someone who will be willing to do it cheaper?

Depending on what the court have said, if you submit a C79, you can bypass the mediation requirement and chance your arm on also asking for a variation once you get to court?

If only choice is to submit a C100, then unfortunately, not much can be done about the fees.

I have total sympathy, your case has been a travesty. I would suggest that your 1st position statement really needs to be strong and possibly be asking for a guardian to be appointed. I would hope this will go straight up to a Circuit Judge.....

Had a shop around for local mediators but not many are MIAM registered (guessing that some judge somewhere getting a backhander from solicitors and mediators for that fixing that one!)

I have put in the application for a 16.4 Guardian to be appointed....I did ask at the previous hearing and the judge wouldn't hear it....not sure why not....another CAFCASS fudge up I guess.

oh and heard back from the Parliamentary ombudsman...they see the inconsistency I've highlighted to them between the "professional opinions" between the case worker for the first 4yrs of CAFCASS involvement and the case worker in the last report! but say that the challenge is to be addressed at court but court just follow the report despite its contradictions throughout it.
you've read it Yoda so you know what I mean.

rant over for now....head down to find a solution that doesn't involve Lycra, Rubber or masks

MIAM done...and as in the previous 4 MIAM meetings over the last 7yrs the mediator has once again confirmed that mediation in this case is not achievable but still have to pay out £114 for nothing but a fricking signature to say that!
the system is bent...someone somewhere is really trying to make fathers give up on seeing and helping guide their kids growing up.

C100 and C001A Posted today...recorded delivery...so that's another £215 to add to the over £10,000.oo already shelled out over the years.....that money would have been a nice little nest egg for my child's future college or house deposit, first car etc...

with a case that has the history mine has and the length of time its been dragging on now...I really do not understand why the MIAM has to take place!

I really need a MIAM exemption for future order challenges, anyone know how I get one?

Hi There,
.
I agree that it's pointless and a waste of money, I would rasie it in court and ask the just if they can make a ruling that It's no longer needed for your case should you need to return in the future.
.
GTTS

that's already on my long list and intend to get it on whatever order results in this my last attempt to stay in my child's life.

I say it's the last attempt as I have no faith in CAFCASS or the Courts now....anyone who knows me knows that I am the first to admit when i'm in the wrong but this last CAFCASS case worker and the last "Recorder" judge made an absolute joke out of the previous 4yrs of court orders and CAFCASS reports!

All in place now....the directions hearing has been allocated (before Christmas)

I'm going to miss yet another Christmas with my child, it was so hard last year knowing i'd not see my child on boxing day as I had the previous 2 years, this year it's no easier but I've not seen my child for so long that i'm kind of getting used to it...at least I don't have the worry of not knowing if I will or won't get messed around over Christmas by the ex.

Let the first stage of the latest battle commence! :unsure:

Good luck. You deserve a positive outcome after all this time