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[Solved] C100 form

 
(@jonathan1122)
Estimable Member Registered

I have an appointment with my solicitor tomorrow as the mediation referral didn't work out, and he is now in receipt of a C100 form
He wants me to go through with it with him tomorrow so an application can be made to court
Has anyone any idea how long it takes from the application, to the hearing?
Also- I havent made my mind up entirely about self litigation, or using my solicitor, for financial reasons as it's so expensive.
I was thinking of attending the first hearing on my own and seeing how I feel after that. If anyone has any experience I'd be grateful

Quote
Topic starter Posted : 07/12/2016 11:50 pm
(@dadmod4)
Illustrious Member

Hi

It's usually a few weeks, though with xmas coming up, it may take a bit longer. As for self representing, it can certainly costy a lot using a solicitor, so your options are to do what you are thinking, ie going to court on your own to see if you can self represent all the way through (take a look at the guides to self representing in the legal eagle section), doing a lot of the work yourself and using a solicitor for advice/forms etc on an ad hoc basis, or using a Mackenzie's Friend to assist you.

ReplyQuote
Posted : 08/12/2016 3:42 am
(@TashasHideousLaugh)
Reputable Member Registered

I have an appointment with my solicitor tomorrow as the mediation referral didn't work out, and he is now in receipt of a C100 form
He wants me to go through with it with him tomorrow so an application can be made to court
Has anyone any idea how long it takes from the application, to the hearing?
Also- I havent made my mind up entirely about self litigation, or using my solicitor, for financial reasons as it's so expensive.
I was thinking of attending the first hearing on my own and seeing how I feel after that. If anyone has any experience I'd be grateful

Depends very much on location and workload. The one I was most recently involved with took nearly 8 weeks from application to first hearing (Court lost application form for nearly 2 weeks.....).

Depending upon how complex your situation is - LIP is actually quite normal. Judges and magistrates expect it. You may find that you have just one court appearance (a first and final) for the most straightforward of cases - and this basically involves writing a position statement (well). At the other end of the spectrum there are members on here whose Court cases have taken many months/years.

hope helps

ReplyQuote
Posted : 08/12/2016 5:07 am
(@got-the-tshirt)
Famed Member Registered

HI There,
.
I would recomend what you are doing go to the court for the first hearing and see how you get on, it isn't as bad as you would think and as long as you have no major issues then self representing is quite straight forward.
.
My case took about 2 weeks to get to court and mine was quite straight forward, I had about 5-6 hearings and I think that unless you have managed to agree in the waiting room (if a solicitor is present) then you could expect to have probably 2-3 hearings. My wife went to court with her ex, and it did get sorted in one hearing as her solicitor managed to get her ex to agree to a schedule in the waiting room so the judge just rubber stamped it and wrote the order, but I think this is quite rare.
.
GTTS

ReplyQuote
Posted : 09/12/2016 1:41 pm
(@jonathan1122)
Estimable Member Registered

Thanks for your reply
Mine isn't a straightforward case to be fair as the situation has turned quiet nasty with my ex making false claims against me. However, there is no substance to her claims as I have never been charged, or convicted of anything as such.
She had made a referral to the social services just after we broke up in which I was stopped from seeing my children for the duration of the investigation.
I cooperated with the social services and was questioned about various things, many which related to our issues within our relationship.
While the investigation was ongoing, the social worker who was overseeing this asked me a couple of bizarre questions as part of the investigation- one being if I was in possession of a firearm!? This was only brief and I didn't hear anything when I told I hadn't or have never had an interest.
The case was closed, and the social worker told me over the phone just before the case was closed that she could see no reason as to why I shouldn't have any contact with my children. She did mention that she could set up mediation at some point during this process to get access etc, but something changed as she then said I would have to go to court.
I had a report sent after this was closed in which I could see my ex had made claims of domestic violence. Included in the report was the views of others involved in the family etc ( one of my children is severely autistic and we have several professionals working to support the family) and by what they said she had made some claims that I was violent towards her?. Although, she specifically told the social worker to assessed her that I had never been physical?!)
I've gone on a bit but it just gives you an idea to where I stand, as I don't think it will be straight forward.
I'm in the middle as to how I want to take this on, and it is due to the financial part of it as it is so expensive! My children are worth more than money to me but I have to be responsible and keep my life balanced- the last thing I want is to get into trouble with money.

The court process does seem daunting, but it's the only way I will get access to my kids. I would feel better having a solicitor with me, but each hearing will set me back around Β£2000 and that's silly money
People's views seem to be mixed in regards to self litigation, although I'm aware that the first hearing is fairly straightforward

ReplyQuote
Topic starter Posted : 10/12/2016 3:52 pm
(@dadmod4)
Illustrious Member

check out the topics at the top of this on self representing. Aside from using a solicitor to do everything, which will cost you a lot, your options are to self represent and do it all yourself, to self represent but using a solicitor to help you prepare, or to use a professional McKenzies friend. If you think you can hold your own in court, then I would certainly be looking at going it alone, or using the MF.

ReplyQuote
Posted : 10/12/2016 11:00 pm
(@mr-slim)
Famed Member Registered

I'd definitely give it a go yourself as you said see how the first hearing goes don't worry if your case seems complicated they usually are with false allegations getting thrown your way left right and centre.

I found the whole think really empowering and so pleased I never used a solicitor I learned so much and the sense of pride in knowing that it was me and me alone who fought for what my daughter deserves is priceless.

One i applied to court after mediation I heard back within a week or so and the directions hearing was set for around a month after then it seemed to be 2-3 months between hearings the whole thing took roughly a 10 months before I got a rock solid order in place.

Seeing cases over the years on this site it seems most dads get decent results wether you're represented or not I couldn't imagine going through all that with the extra burden of forking out for a solicitor.

In reality it is pretty straight forward the whole thing you just need to do allot of research utilise forums like this and have a boat load of patience, I've also found it really does depend on your attitude throughout, never lose your cool, dont slag off the ex remain child focussed at all times just tick the boxes jump through all the hoops and suffer ignorance and smile.

All the best

Slim πŸ™‚

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Posted : 11/12/2016 1:45 am
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