[Solved] Filling out C100 application

Hi All,

I have read many articles regarding to gain access to see my child, all are good and very specific to everyone's needs.

I would be grateful to have some insight on my matter as I cannot afford a solicitor, and have been to many of the free sessions at a family solicitor in my local area, but to no avail after explaining my situation many times. after which, I was told "please can you deposit a minimum of £££££ to start proceedings.

I have filled out the relevant forms to get help with fees as I am on benefits at the moment, and I now feel confident enough to represent myself in court, as it can go in my favour after reading many articles, as talking to the relevant judges directly not through a third party, but can work against me when relating to the law issues.

Please note i have been to court many times relating to this issue with many false allegations being made against me.

My issue is with my ex-partner who, has not let me see my now 3 year old daughter in 2 years. Firstly is always abuse towards my ex-partner, then alcoholism, then malicious communications, harassment, then stalking.

I had been ejected from the matrimonial home, after calling social services on my ex-partner after she went away for a week with my daughter came back and questioned her about my daughter not walking very well, she was being very evasive after in my questions then an argument broke out. I told this to the Police, no statement was taken from me, after my ex-partner claimed many allegations against me.

Claiming many allegations, between those 2 years I have been desperately trying to see my daughter. It was me who was getting into trouble with the Police, Please note domestic violence teams, offender management teams, social services have all been involved.

I have tried mediation twice, as my ex-partner does not want to know, as its her right. I have tried contacting her, going to matrimonial home, speaking to her family members who clearly made it understood, it is both of your problems and do not want to know. A non molestation order was put against me in 2017 for 1 year, cannot visit or contact with my ex partner.

At the time I did feel my partner was at a low point before all this happened, being it was our first child and noticed that she was not bonding very well with my daughter. I made many appointments for her to see a doctor but had brushed it off, not noticing that i was treading on egg shells every time she was coming back from work as at the time I was working shifts, and had more time to spend with my daughter, take her to see friends and family, going to the park etc...

I really thought this would pass, as I thought I knew my partner very well.

I now have since a few months ago in 2019 my ex partner has put a restraining order on me as I was hand posting letters regarding the welfare of my daughter, "do you need anything, financially, support with our child basically anything..." After she contacted me via phone and spoke verbally, need help.

Police came at the door the next day arrested me for alleged stalking, please note as the CPS said the letters that was being posted was not abusive and non threatening. At the time there was no orders against me not going to the matrimonial home or any cautions.

I went to court, the next day after spending a night in the cells, my solicitor had advised me to plead guilty as they charged me with the frequency of the letters, 20 letters in a 5/6 month period, please note I had hand written these letters, with putting whatever money I had in there as she closed the one account I knew the details too (I get more threatening letters from my creditors in a week).

The charge against me is for harassment, (CPS tried for stalking) and NOW A 2 YEAR RESTRAINING ORDER is in place. Not to have any contact with my partner and not to go to the matrimonial home.

There are probably many questions, firstly why didn't I go to court straight away to gain visiting access. Purely me being naive thinking we can be amicable and resolve the relationship in order to gain access to see my daughter.

Should of stopped contacting my ex-partner. After being in a long relationship, we came close to getting divorced twice before our daughter was born.

I have asked for a divorce and not knowing where i stand, in those letters i have posted, again calling the Police on me. I have not started divorce proceeding yet, after I can see my child first as I know the divorce process is longer than gaining access to see my child, as there are many factors such as the property, pensions, other assets etc...

My question is on the C100 form, do i need to state the restraining order, that is against me, to my ex-partner and not the child, as there are only options orders that are against the child. Solicitors do not tell you this without having payment.

C100 Form - Section 7 - Other court cases which concern the child(ren) listed in section 1

I have selected no, but the option "Family Law Act 1996 Part 4 (proceedings for non-molestation order or occupation order) Which I am querying about as in 2017 there was one in place which lasted 1 year against me not seeing my partner not the child.

Then there is an option box tick additional sheets. (Do I put a copy of the 2 year restraining order in there?)

Thinking logically, as there is now a 2 year restraining order against me, the court will have to know. Or is it down to my ex-partner to tell the court when she receives the relevant paper work from the court?

I could do with as much information as possible, just to have regular access to see my daughter, or anyone who has been in a similar situational. As I know the court will question everything so will CAFCASS.

Above all no one has been injured, no abuse has been committed physically, but I do realise that the law sees abuse in many forms, emotional abuse which is playing a key part here. As who can see a woman cry with a young baby in court, even made me cry and cringe how has it gotten this bad, and question everything that I have done.

Also I have also suggested relate, private counselling to my ex-partner, but to no avail. As i do feel she has a feeling of loosing the child.

Thank you for reading my predicament, help is much appreciated.