[Solved] Court Order advice needed

Hi there you must attend mediation before filling a C100 form out as I don’t think the court would accept this otherwise, I know it’s more cost but you never know it might work if both parents can come to an agreement! At least try it as you don’t want to go down the court route as its not a vary pleasant experience.

Best Regards

Hi,

As stated above, in order to make a C-100 application a MIAM meeting needs to be completed . Sorry i cant add any extra advice but im backing up what you need to do.

Paul

Hi There,
.
It's been covered above but yes you need to at least attempt mediation before you can submit the C100, if mediation doesn't work or you can't get your ex to attend then the mediator will sign the C100 and you can submit it.
.
GTTS

Thank you for the replies. I have a MIAM meeting for Monday where I will be asking for them to sign the form so I can go to court, mediation will not work as I have emails from my ex stating she will not even consider some of the things I have asked for (alternate weekends, shared special occasions is all I ask), is this the right move on my part?

Also, when completing the C100 sec 3.b, do I give as much detail as possible and what is the difference between this section an a Position Statement?

Do I have to do a position statement, if so how detailed do I be? i.e. After CAFCASS meeting, I was off work due to stress and anxiety for 9 weeks caused by all the hassle my ex has caused and the ongoing struggles with her, do I include this in the statement as I am asking for the court to grant a generic alternate weekend schedule so I don't have to liaise with my ex to make arrangements as she is difficult.

Any further advice on the position statement would be greatly appreciated.

Hi,

Your position statement is you tell them your current circumstances right up to the point of your hearing, something which you probably already know. What i would bear in mind is as far as i know you need to ask the court permission to make the position statement as there is a tight time schedule the court will always like to adhere to. Its pretty easy, write into your family court via e-mail and they will pass it onto the judge.You probably wont hear anything back, but the judge will have your letter in front of them on the day and would have hopefully made time for it.

Paul

Your ask is very reasonable.

You don't have to do a position statement, but it's a good way of letting the court know a little more background, as space is limited on the application form. I would keep it very brief on the application form and prepare a brief, two page position statement to take to the first hearing with you, plus copies for her and CAFCASS and one for your own records.

It's up to you whether to mention your health issues at this point, is it something she would try and use against you?

The schedule you are asking the court for is the fall back position for many courts and is the most commonly ordered schedule when agreement between parties can't be reached. If there are no safeguarding issues the court are likely to agree to your requests, it's also a good idea to get something in the order about holidays too.

All the best