[Solved] C100 & Interim Order

hi,

I was in this situation a few months ago. dont worry about those points that were not mentioned in c100. if the forms already submitted, dont run up more bills for yourself by going to solicitors. all the contact arrangements, specifics/disputes will all be discussed at the court hearings. my c100 basically said we separated, i have restricted contact with kids and want more contact e.g. overnight stays.

i would urge you to end your contract with solicitors, before you end up spending a fortune. i stopped services with them, then just hired barristers for each hearing, for fixed fee. good ones do everything for you, typing up draft orders, as well as position statements.

if you know anyone else going through something similar, tell them they can get c100 form filled in for free, using: https://www.thepsu.org/

i only found out about them after solicitors did c100 for me 🙁

Thanks for the prompt response and advise. I’m going to write a list of things I think we need to consider then. That are either an issue now or will be moving forwards if they aren’t agreed up front.

I have asked my solicitor to stand down at this point and will attend the hearing on my own then see how I get on and how messy it gets after that.

Am I likely to hear if my ex responds to the case or submits an order / statement herself? I assume they have to send me copies prior to court so I’m not caught off guard without any help at hand.

this is the part where you get a bucket of pop corn ready 🙂 and wait for ridiculous allegations to be made about you.

i was too scared to go for hearings without a barrister. it paid off, as in my first hearing, the ex and cafcass officer were gunning for a fact finding hearing, which would have just prolonged things and been a nuisance. my barrister convinced them to avoid it and so it never happened. then cafcass did section 7 report. more pop corn. report said theres no safety issues. going to 3rd/final hearing soon as ex is just too unreasonable and hostile.

yes your ex will most likely be using solicitors, and they will send you some paperwork e.g if they oppose your order and what allegations are made against you. dont get spooked by it. solicitors will most likely advise ex, that if she wants legal aid, then have to take the domestic violence route.

Hi there

What were the reasons she gave for limiting and then stopping contact?

It’s better to ask for an interim order on the C100, but there are many that don’t and can still get something in place.

You must bear in mind that your child is still very young and fairly dependent on her mother, does she breast feed? This would also be taken into account, and contact sessions tailored to fit around it.

The other points you’ve raised, special occasions and information sharing, can all be addressed as the case progresses.

Any paperwork filed with the court by your ex, will be made available to you.

The next step is a telephone interview for a schedule 2letter, which is a basic safeguarding report, prepared by CAFCASS. As part of the report, they will check with the police and social services to find out if there has been any past involvement. If you are asked about it, just be open... it’s important that you don’t bad mouth the mother, and remain calm and reasonable... if she’s a good mum it’s ok to say so. Keep it child focussed at all times.

As far as statements are concerned, you can prepare a brief two page position statement to take with you to the hearing, just to give the court a little more detail about what has happened and what you would like the court to do.

Don’t try and second guess what your ex is doing, overthinking or worrying about what ifs won’t do you any good, just take it one step at a time and deal with things as they arise. We will do what we can to advise and support you.

Here’s a link to the Families Need Fathers website where you’ll find details of meetings nationally, hopefully there will be a meeting near you. It’s a good idea to go along, you’ll meet others in a similar situations and get direct advice and support.

www.fnf.org.uk/help-and-support-2/local-branch-meetings

Best of luck

He was breast feeding but is now mainly formula, that was the reason at first for no overnight stays.

I then had overnight stays as she started formula feeding. Then access restricted slowly for various opinions e.g. he wasn’t being himself after visits, I didn’t ask her about him enough between visits.

The final straw was when he got taken to hospital and I was never informed until I turned up to pick him up a week later. At that point I had him overnight without her permission although I sent regular text updates and kept a food / sleep diary for her. Since then no access or contact at all.

yep its very difficult to get contact when child is very young. i am waiting 6 months, for one of my kids to turn 1, then can spend few hours with me at home. in the meantime i just spend 30 mins or 1 hour with child in local area where ex stays every other weekend. it seems like courts dont like to give overnight contact if child is under 2.

...taking your child’s young age into account, keeping hold of your child without her consent may cause a problem for you. The courts won’t see her stopping contact as an overreaction in that context.

If you regret taking that action, it might be in your interests to admit that in hindsight it wasn’t a sensible thing to do, but in mitigation, you were anxious and worried about him... it might help to give assurances that you wouldn’t do that again.

The fact that overnight stays were underway and contact was more or less working, will hopefully be taken into account.

Thanks for your help and guidance so far guys. I haven’t been contacted by CAFCASS or received any communication from my previous partners solicitors and we are in court on 29th. I would think this means they’ll be no counter order or evidence etc being submitted. This makes me hopeful of a consent order if she turns up.

... unfortunately that can happen, when they’re particularly busy, or are short staffed, the departments are pretty stretched with the cuts to their budgets.

Have you tried contacting them, you should have had a letter from them after you submitted the application, if not, give the court a call and ask them about it... the court may adjourn the case as the initial cafcass report/S2 letter gives some background and makes recommendations, which is important for the case to,progress.

Hi where did you find a good barrister and what’s a usual amount for them to charge per hearing etc ?
Many thanks

city dad, check here for barristers: https://www.directaccessportal.co.uk/