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C100 & Interim Orde...
 
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[Solved] C100 & Interim Order

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Posts: 5
Registered
Topic starter
(@Darryl01)
Active Member
Joined: 6 years ago

Hi All,

New to the forum so apologies if this isn’t the right place. Basically I have submitted a C100 for Child Arrangement Order via my solicitor as my ex stopped me seeing our 6 month old after slowly restricting access over the 3 months since we separated (Fortnightly Access over Fri-Sun).

I’ve since being doing some reading (after running to the solicitor in blind panic). I think I might have a few gaps in my C100 however already have an initial hearing date.

1) Not mentioned special occasions such as Birthdays & Christmas.
2) Not requested an interim order so I have at least some contact in the meantime.
3) Not requested I be kept informed of child arrangements e.g Nursery & Childminder etc when my ex goes back to work (if she hasn’t already).

From what I’ve read leaving these out of the form means it won’t be addressed, is that correct and how difficult is it amend? I want to call my solicitor out to be honest as surely they should have pointed out these things to me?

16 Replies
Posts: 5464
(@dadmod2)
Illustrious Member
Joined: 6 years ago

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 🙁

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Posts: 5
Registered
Topic starter
(@Darryl01)
Active Member
Joined: 6 years ago

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.

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Posts: 5464
(@dadmod2)
Illustrious Member
Joined: 6 years ago

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.

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Posts: 8551
 Mojo
Registered
(@Mojo)
Illustrious Member
Joined: 12 years ago

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

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