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I applied for a direct contact Order for my three (3) children because their mother refused contact.
I have been in court for the last two (2) years. My case was been handled by a solicitor until I could not afford to pay them any more since I am unemployed and unable to get legal aid due to my immigration status. I have been a litigant in person since then.
I have attended court about 10 times and had interview with cafcass twice since the start of the contact proceedings.
the last time I attended court was on 2nd July 2013. At the hearing no date was mentioned due to non availability of cafcass officer.
However, I was shocked to receive an Order from the court on Saturday 19th October 2013 saying my application has been dismissed because of non attendance. It was ordered that I have indirect contact with my children inform of letters and cards.The fact is that I did not receive a notice of hearing in the post.
I have contacted the court, but nobody can confirm to me that a notice was sent out rather I was told to write to the court ask permission to apply for the decision to be set aside. I have done that yesterday.
Please, kindly advice me on what steps to take. I love my kids and miss them so much I will never give up on them.
Hi Bobby
It would appear the court have made an administrative error in not advising you of the court hearing. You have taken the right step in writing to the court regarding this and hopefully they will reinstate your application and organise another hearing. If the court does not do so then you can seek to make a complaint through the courtβs own internal complaints process. You could also seek to reapply for a Contact Order using form C100 asking the court to waive any fee owed and setting out in a covering letter what had happened regarding the previous application.
If you require any further advice please do not hesitate to contact us. Our advice line phone service on 08088020008 is available Mon-Fri between 8:00-20:00.
Yours Sincerely
CORAM Childrenβs Legal Centre
Can't really give any better advice than has already been given!
Just wanted to say that writing a letter to the court, while a bit daunting, can be extremely beneficial.
I too had my court application dismissed at one point, and following some brilliant advice on here (Nanny Jane), wrote to the court and had my application reinstated. I would say have somebody impartial read over the draft before you send it, to make sure it's a concise as possible.
Best of luck!
... some brilliant advice on here (Nanny Jane).....
That's the only type of advice she gives π
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