[Solved] Family court process

Generally mediation needs to have been attempted before an application can be made, a mediator would need to sign off the C100 form, give the mediator a call and see if they would be prepared to sign it off, due to your ex’s refusal.... there is a fee for that.

If there are no safeguarding issues and she doesn’t start making allegations, then the process should be fairly straightforward. There are no guarantees of success, but courts work on the premise that both parents should be as involved as possible. It would be unusual for contact to be reduced, but it can happen.

Perhaps mediation could go ahead if you left it to the mediator to ask her formally to attend... an official request can throw a different light on her decision, it will at least tell her that you’re not prepared to drop it.

Hi Mojo

Really appreciate your comments

I’m thinking that I go for a court order that confirms the current shared parenting which has been in place for 8 months now, I’d hope to achieve this at the first hearing and dispute resolution meeting.

Am I being too hopeful? I’m sure there won’t be any Cafcass issues raised and the court are only being asked to approve what is in existence to stop my ex being controlling with the shared parenting particularly during school holidays when she takes my days and puts her holiday over the top and claims I don’t have enough days a year

Thanks

Once your application is in, the court will assign CAFCASS to prepare a Schedule 2 letter, this will outline any safeguarding issues and can make recommendations. If there are no safeguarding issues, CAFCASS will not need to be involved further.

When you get to court you will be encouraged to reach agreement with each other, if you can then the court can make a final order by consent at that stage. If there are still disagreements, the court will most likely set a further hearing and ask for statements from you both, and possibly further reports.

Mediation is the first step in this process and if it hasn’t been attempted, the court may order you both to attend.

Here’s a link to some useful info about how it all works.

http://www.familycourtinfo.org.uk/i-need/how-court-works/

There’s also some videos in the stickys at the top of the legal eagle section, which you may find helpful.

Ok so here’s an update

Ex is flatly refusing mediation so court is the only viable route. We have exchanged some emails over childcare arrangements for this year as she’s told the CMS I have 148 nights this year, she told them this in April and in the next 12 months I’ll have 160.

Anyway, she’s now agreed to me having four more nights to make it 152 so manipulating and controlling the CMS calculations. She is controlling my access to them even though we have an agreed 3/7 pattern which has flexed due to school holidays. Effectively as she works term time only she has “arranged” activities for them and says there isn’t any more time available for me.
For me it’s not about the maintenance it’s about the control and manipulation.
As I’ve said on her previous my plan is to go for a child arrangement order for the well documented 3/7 shared care. I can’t see any other way of taking away her ability to control my time with the children.
Anyone have any comments on how the court would view my application as it would be largely on the basis of removing the control from my-ex and having a court order that proves the shared care arrangements.
My initial plan was to go for 50/50 but I’m not convinced I would get that up against someone who works part time/term time only

hi sounds like you need a court order in this situation. its unfair if you get more spare time and she refuses contact with kids. she will probably cut down your contact if shes mad at you, and mess you around in future. its possible you get more contact by taking the legal route.

what happens if you ring CMS and clarifying exactly how many nights you have with the kids?