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c100 + c1 + c2? for...
 
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[Solved] c100 + c1 + c2? for step dad

 
(@Greyling)
Estimable Member Registered

Had phone call from Mediation today saying my wife's solicitor had been in contact and had informed them she will not go to mediation, somehow feel relieved, don't know why but I do, they shouldn't have told me but they said I should now go to court because of our situation said I would have an excellent case, this is what I am going to do, Mediation will complete there part of forms for me attending MAIM meeting.
I've filled in c100 for Child Arrangements Order (contact) thanks to Nannyjane for excellent help. Here is the problem, court officials have said I have to complete c2 to apply for permission to the court for Parental Responsibility, CORAM have said I only need to fill in c1 for PR as ive brought up stepson since he was baby and wife and I have been married for over 2 years, Mediation people say there is allot of confusion over this, said even allot of solicitors don't understand it since legislation changed earlier in year, they advise to submit c1 and c2 with c100 to cover all angles, I need to get this right, anyone else been in this situation.
1626 if your reading this I recently read a post where I think you helped, where someone one from CORAM gave some excellent written advice on court documents and how to complete them, I carnt find the post, is it worth me posting the above questions in the ASK OUR EXPERTS, I would really like to see a written guide showing exactly what to do, ie which forms and how precise wording to complete them for step parents, as there are going to be allot more in this position in the future.
Anyone who can help I would really appreciate it.

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Topic starter Posted : 26/09/2014 12:10 am
(@mr-slim)
Famed Member Registered

It's pretty straight forward mate just fill out the c100 and the c2 for parental responsibility job done 🙂

I'm sure the c1 is just the old c100 🙂

I was confused about this leave to apply bollocks You have to ask the court for permission to apply for PR in my first hearing they said "we grant you leave to apply mr slim" I was like [censored]? I've already applied lol it's just court jargon there's a part on the forms where it says are you asking for permission to apply just tick that box 🙂

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Posted : 26/09/2014 12:56 am
Greyling and Greyling reacted
(@Greyling)
Estimable Member Registered

Thanks Slim, did you prepare and take a statement to first hearing or leave it up to whats said in c100 box where you say why your applying for contact, ive already prepared one which is in my file should I just take this along with me with copies in case it is asked for, got photos in as well as all the evidence of us being good parents, wife's father says he will write out statement of how good parents we both are. What do you reckon outcome will be at first hearing, staying positive 🙂 but also prepared for the worst outcome :unsure: .

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Topic starter Posted : 26/09/2014 1:29 am
(@mr-slim)
Famed Member Registered

the court won't be expecting you to do a position statement and they don't look at any evidence at the first hearing but it's worth taking one with you I also took a little folder with pics and cards in but as soon as i got it out they said put it away but they did let me show then fathers day cards to prove i had been there for my step daughter and that blew my ex out the water straight away so I'd say take them and just wing it 🙂

It's difficult to say what the outcome will be as every case and court are different if you go in there prepared and looking confident the courts will look at you in a good light but it's anyones guess all a directions is what it says on the tin it's just for the judge to direct what happens in the case, they may say for cafftwats to do a report or like in mine ask me to do a drug test and get a letter from my doctor, they will want to read the cafftwats report to and make recommendations of that.

It's a nightmare the worry before hand but once your in you will start to enjoy it if your crazy like me 🙂

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Posted : 26/09/2014 1:55 am
Greyling and Greyling reacted
(@Nannyjane)
Illustrious Member Registered

Hi Greyling

Because you don't have PR then you would need to apply for permission to apply for an order, that's what the C2 is for.

Then the C1 is for the PR order.

Finally the C100 for CAO.

This is just my opinion, there is very little information about this but I tend to agree with the mediator in as much as its better to cover all bases.

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Posted : 26/09/2014 2:05 am
Greyling and Greyling reacted
(@Nannyjane)
Illustrious Member Registered

...having another look for info and found this.

Applying for a child arrangements order
In this section we explain who can apply for this kind of court order, how you apply, what forms you must fill in and what happens next.
Before you apply
You must attend a Mediation Information and Assessment Meeting (MIAM) before you can apply for a court order about the arrangements for your children – unless you fall into the limited circumstances that mean you don’t have to attend. At this meeting a mediator will explain the services available to help you and your ex reach an agreement. For more information about Mediation Information and Assessment Meetings, see: Before you can go to court.
Who can apply?
Some people are entitled to apply for child arrangements orders; others need the court’s permission first. If you are the child’s mother or father you are entitled to apply. You can also apply if you are a step parent and you have treated the child as your child. A step parent is someone who is married to or the civil partner of a parent who has parental responsibility for the child. Other people, such as grandparents, will generally need the court’s permission to apply for a court order unless the child is already living with them. For more information about who needs permission to apply, see section C of court leaflet CB1: Making an application - children and the family courts. You can find a link to this under 'Links to other websites' on the right hand side.
If you are the person who starts the proceedings, you are called the ‘applicant’. If you are the other party, you are called the ‘respondent’.
Where do I start?
The Child Arrangements Programme (you may hear lawyers and court staff call it the ‘CAP’) sets out the process for dealing with applications for child arrangements orders - what happens if you have a dispute with your ex or another family member about your child or children. It is designed to help you reach an agreement, where possible without going to court. You can find a link to it under 'Links to other websites' on the right hand side.
For an overview of what happens in practice, have a look at the short film about making your application to court - see under 'Links to other websites' on the right hand side.

This comes from the Advicenow website. I seem to remember reading that as a step parent you don't need permission if you have lived with the child for 3 of the last 5 years and last lived with the child no longer than 3 months ago.

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Posted : 26/09/2014 2:17 am
Greyling and Greyling reacted
(@Nannyjane)
Illustrious Member Registered

http://www.advicenow.org.uk/data/files/child-arrangements-proof3-compressed-1630.pdf

Page 20 seems to clarify this.

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Posted : 26/09/2014 2:37 am
Greyling and Greyling reacted
(@Nannyjane)
Illustrious Member Registered

http://www.dad.info/forum/child-maintenance/39165-step-parent-responsibility-and-maintenance

Was this the thread you mentioned Greyling...it's hardly surprising that even solicitors find this confusing, having searched I've found conflicting information....for this reason I would say submit all three forms, just to be on the safe side!

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Posted : 26/09/2014 3:57 am
Greyling and Greyling reacted
(@Greyling)
Estimable Member Registered

Hi NJ, thanks that's the link,right one, but even more confused, COROM legal adviser on there says:-
If you are married to the mother then you can apply to court for a Step Parental Responsibility Order using a C1 form. You can use the same C2 form in relation to leave for both the application for PR and the application for a Child Arrangements Order.

That doesn't make sense.To apply for Child Arrangements Order Its C100, to get that you have to have PR, new legislation says Step Parent can apply for PR without needing permission if you are married to the mother of the child, so that's C1 as your not seeking permission, so why is he saying you need C2 and he's consultant for COROM, [censored] confusing, so agree i'm going to fill in C100 C1 and C2, what I am also going to do is, there is a very good family solicitor firm nearby, that only deal in family cases,can hardly afford it so will ask for free hour they give and see what they say. It has to be done within 3 months of stepson leaving.
PLEASE everyone take note if your completing C1 document, don't do what I have just done, spent 2 hours filling it in, almost completed then had to go out, so saved it to desktop, it doesn't save what you have written, even after you click sign option, so make sure you have plenty of time to complete it, then print it out..

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Topic starter Posted : 29/09/2014 12:39 am
(@Greyling)
Estimable Member Registered

Have just got definitive answer from County Court on forms to complete, spoke to manager who scrutinizes anything complicated.
For Step parents and fathers without Parental Responsibility law changed earlier this year

C100 for Child arrangements Order -
you must put in together with C100 an application for Parental Responsibility if you do not already have it.
C1 if you are married to mother of child
C2 you are not married to the mother of the child
You only have to pay one fee as both applications are going in together £215

Hope this helps, it has taken 3 weeks to get right answer.

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Topic starter Posted : 29/09/2014 6:15 pm
(@mr-slim)
Famed Member Registered

That's what I thought 8)

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Posted : 29/09/2014 6:39 pm
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