[Solved] DNA RESULTS are back what is my next step ??

Hi,

Firstly you are in good hands here, everyone is very helpful so although you may feel lost and worried do know that you are in very good hands. Your first port of call now is to find a local mediation centre and have a MIAM (The MIAM is a meeting between you and a mediator to find out if there are alternative ways to find solutions to your problems. The mediator will explain to you: • what your options might be. • what mediation is, and how it works. • the benefits of mediation and other appropriate forms of resolving disputes.) The cost of this varies between each mediation centre so you can hava look at a few close to you. If you are on a low income you may even qualify for free legal aid you can check this out here... https://www.gov.uk/check-legal-aid

Once you have had your MIAM the centre will then try to contact your ex via letter, call and SMS. The centre I used gave a minimum of 10 days and I actually ended up waiting 20 before they told me that she has not responded and they will send me my c100..

A c100 is the form that you will need if your ex refuses Mediation or Mediation breaks down, It is the form needed to apply to the courts and this can't be done without attempting Mediations, If you are not on the birth certificate then you may also need a c1 to apply to the courts for parental responsibility.

I would advise that you get to the Mediators as soon as possible as the process is quite long winded when all you want is decent access with your child.

I hope this helps a little and all the best with your applications.

TheDaddy

Hi the daddy, thanks for the reply. Me and my ex already have a court date for April 4th for the DNA test because it was a court ordered test. So the 4th will be to close the test case.
I attended mediation prior to the test being done do I need to do it again to apply for the c100 etc ?

I think it depends on what the mediation was for, you could ask them (The Mediators) if it was no longer than 4 months ago and it was about access to your child if they are willing to send you the c100. Call them as soon as you can and ask them 😉

Hi Pete, off the top of my head, if you have a court hearing coming up you should be able to use a C2 form which is for an order or directions in existing proceedings but you would need to get this in quickly if your hearing is the start of April.

http://www.justice.gov.uk/downloads/forms/fjr/C2_web_0414.pdf

I will try to double check that this would be the correct procedure for you this morning but you could also phone Coram to confirm this.

http://childlawadvice.org.uk/clas/contact-child-law-advice/

Good luck

Yoda is right, if your case is ongoing you can add further applications to existing proceedings with form C2. I seem to remember we talked about this in one of your previous threads, "Court Fefruary 3rd" and suggested that you write a position statement to tell the court that if the DNA result was positive that you would like a CAO for contact...did you do that and if so what was the judges response?

Hi guys thanks for all the info,

I did touch upon wanting to arrange contact and parental responsability in my position statement and this was noted by the head judge. She did make a brief comment aknowkedging it so my ex was aware and at the time she said to focus on the DNA test first and getting that sorted first.
So I'm just wondering if it will be brought back up in my hearing on the 4th April which is aimed at closing the DNA test application

Procedurally, you really need to submit a C2 form to add to the existing proceedings. If you don't, the judge is able to close the case and you would have to start from the beginning again. There is a chance the judge would accept a verbal application at the hearing in April but personally I wouldn't take the risk due to potential time delays and extra costs. I think a C2 is cheaper than a C100.

Yoda....How about a letter to the judge to request new directions for PR and contact to be considered as discussed at the previous hearing? As the judge acknowledged this request at the last hearing, they might be happy to continue.

You are right that procedurally the judge can close the case, just trying to save Pete some money. He has about three and a half weeks until the case. He could email the court to save time and still have time to submit a C2 if the answer is no.

It's worth a shot, if you don't ask, you don't get. Pete, if you write today and chase it up after 7 days if no response, it can't hurt. It's likely the answer will be that you need to submit a C2 but if you get a nice judge they may say they will deal with it at the hearing.

Good luck

Okay I'll write up a letter now and get it sent in the post tonight.
Me and my sons mum have cut contact again and I've had to block her she's causing to much stress and confusion and basically just being an S.O.B trying to dictate and rule thins

You've got some excellent advice here Pete you'll be wise to follow every word of it mate as you know my advice to you in the time being is to keep her blocked, you've had a warning off the police a pin notice next up is a night in the cells or a Non Molestation order.

All the best Slim 🙂