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Hi,
I submitted these 8 days ago now but still no response from the courts. I didn't C1A but marked as urgent on the form stating psychological harm being caused by denial of contact.
Problem is she acted very fast and moved to where she has gone within 48 hours or so (we didn't live together but near each other).
Changed her number etc all happened before Christmas.
My question is in relation to the PSO. Now this has failed, what will they do with it? Will it be dealt with in tandem with the CAO at the first hearing? Beyond my position statement for the CAO will I need to do anything for the PSO now it's of no use?
Hi there
I’m a little confused, if she moved before Christmas, are you saying you submitted the urgent PSO and CAO after she had left? Did you have an address for her to give the court? She has gone within 48hours of what?
Why do you think the PSO has failed? If the court finds she has left unreasonably they could order her to return.
As it’s only been 8 days since you submitted the application, it’s still within usual timeframes. I would give the court a call and see what’s happening with it.
Once you have received the court papers back, with a hearing date, CAFCASS will contact you and the ex to prepare a brief safeguarding report, called a schedule 2 letter.
There really isn’t anything else for you to prepare before the first hearing, just a brief position statement that you can take with you to the hearing.
It might help you to attend a Families Need Fathers meeting in your area, where you’ll get face to face advice and support. Here’s a link to their website with details of meetings nationally, hopefully there will be one near you.
www.fnf.org.uk/help-and-support-2/local-branch-meetings
Best of luck
Hi Mojo,
She seems to be in between addresses , not residing at the address but moving stuff slowly. I know she has the keys until the end of this month.
But I believe she has already moved most of her things to the new address so the PSO is not going to work now, especially as baby. The place has already been listed on rightmove to rent for when the tenancy ends.
She will be picking up mail and/or have a redirection in place though so i'm confident she will get the court papers.
My question would be how will the PSO be addressed in court given the horse has already bolted so to speak? (Left within 48 hours of relationship breakdown. Wherever she went, it was quick).
It’s difficult to say, without any knowledge of your case or your reasons for wanting to prevent the move, or in fact the reasons she may give for the speed of moving.
You mention that your child is still a baby, so no school to consider... but not informing you of the move is questionable... unless she’s going to make some kind of domestic violence allegation to cover herself.
As I said without knowing the background, I’d just be guessing.
I would chase up the application with the court office and think about the reasons you can put forward as to why the move wasn’t in the best interests of your child. If you can prove that she has moved to obstruct contact between you and your child, as a malicious act, you may be in a better position to argue for a return.
What is the time scale for C100 coming through then? I thought the PSO would make it more urgent, obviously not.
I also got MIAM confirmation through today ( I used an exemption on form although thought I'd try /do it anyway) then she has not responded to requests for mediation. 🙁
Got horrible feeling she is going DV route here, all the signs are there. She said I was verbally abusive before running off and stopping contact.
I would say 7-14 days, but that’s a rough estimate, depending on how busy they are.
Did you mark the box on the front page and them fill out section 6a/b?
When you say that you used an exemption on the form, which section?
As you’ve received a MIAM it appears you must attempt mediation first. Let the mediator try and contact her, if she doesn’t respond, they will sign off the form.
I would certainly call the court and speak to them. They can advise you about what stage your application is at with them.
If DV is the issue here, she will use that as a reason not to attend mediation, at least you’ll know what the lay of the land is then.
I put in 6a for MIAM to prevent further psychological harm to me and son due to no contact (i have docs note for me to prove this).
I did request MIAM anyway so they ran in tandem,
They gave her 10 days and have confirmed no contact received so are going to send me the confirmation for the C100. (i've just covered this base in case judge says mediation).
It was more what was going to happen with the PSO I was wondering about.
Ah ok... if you didn’t mark the urgent box on the first page of the application, they wouldn’t treat it as such.
Have you called the court yet, they will be able to advise you on timeframes.
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