[Solved] Filling out C100 application

Hi Guys, want to give you an update,

Its been around 6 weeks since I last updated this post but read the replies which have been very helpful indeed.

After so much thinking and talking to so many other people in my situation and professionals who are there to help, what to write on the C100.

I kept it simple and short, only stating, why the need to go to court, what my ex-partner is doing go stop me seeing our child and how it is having an effect on our child.

Please note i am representing myself.

I received acknowledgement from the court and the date of the first hearing was set in August 2019. Over the past weeks, I have been gathering any evidence I can, and building up relevant paperwork for court, i.e Mediation forms, Creating a detailed Parenting agreement focused on your child. Alot of posts have said include some pictures of you and your child together which cannot do any harm which I have included.

I even got a copy of my PNC Police report from https://www.acro.police.uk/subject_access.aspx

Which had taken 4 weeks, without any issues of addresses and Identification. This was some interesting reading as I know Cafcass will have a copy of this so it will be good to know and be prepared if there are any skeletons in the closet.

Also I know my ex-partner will bring up alcoholism as it is a grey area, and can have an effect on the case being a substance abuse, best thing I thought, go to your local GP and explain you are trying to get some sort of access to see your child, and that can I have a blood test,( Liver function test).

Now I have one done long before I submitted my C100 approx. 3 months, which was slightly high but not worrying, but i have abstained from alcohol and i had recently taken my bloods again in July-2019 so my liver should show i have not abused alcohol. If you want to see your child or children you will do anything.

Point of note for later on as i need some advice, my ex-partner sent a C7 acknowledgment form back to me, ticking the box I dont agree with whats on the C100 and ticked the box that there has been some sort of domestic abuse etc....

I looked in the envelope as there was no C1A form, which details what domestic abuse has there been. So I contacted the local court, family section, they did not receive the C1A form but received the C7 acknowledgment. I queried this with the court, and was advised whatever we receive from the respondent a copy of it will be sent to you. They advised say this in court. (Could be an advantage)

Then I received a letter from Cafcass after waiting everyday for the phone call date, and I had the phone call, after reading every single piece of information i could find for the telephone interview.

I made some notes, and made sure I was calm. Phone call came and you go through the basics, please note the advisor was working from home and there was a dog barking loudly, where by i had to ask that person to repeat the questions constantly as I was talking over the barking dog, which i mentioned this and nothing was done. (After asking me at the beginning of the phone call are you in a quiet and private place).

As I knew, the whole interview was revolved around my relationship with my ex-partner and alcoholism. Which the phone call went very badly, I countered everything. Addressed my concerns about my ex-partner but focusing on our child.

The advisor was trying very hard to throw me off but I kept talking about my child, making sure well cared for, schooling, medical, dental, access rights, etc.. even thou the advisor did not want to. At the end of the phone call which lasted 30 minutes, I feel it was rushed and was not letting my get my point across even with the dog barking in the background. The advisor was desperate to get off the phone, but I said at the end of the phone call I understand the process and appreciate your help.

I do reckon I will receive a bad report in the next few days as i will get a copy of before I go into my first hearing.

First point, what advantage if any? do i have, by my ex-partner not sending in a C1A form, even stating that there has been domestic violence by ticking the relevant box.

secondly, if i do receive a bad report from Cafcass which is most likely shall i complain about the clear communication issue, stating that I dont think the advisor could address my concerns as there was a barking dog in the background. Or will i be making matters worse?

I will keep you updated after my first hearing.

hi,

your worrying too much. first cafcass call is pretty basic stuff. in mine there were no distractions. but her write up of the call was riddled with silly errors. had to point them out to her to get it corrected later. dont focus too much here at such an early stage. the section 7 report is much more important and will be crucial to what access you get to your children.

also dont worry about C1/C7 form. if your ex has a solicitor, they would have advised her to tick all that domestic abuse/violence, in order to apply for legal aid 🙂

Hi Bill,

Thanks for the reply, I am worrying too much. I have received my Cafcass report today,just as expected very bad report, mainly focusing on my ex-partners issues not mine.

Recommendations as follows,:

#Complete S7 report

#Level 2 Police checks to be completed, upon pending prosecution, (Allegedly i was threatening to take my child away) Completely false.

#Not to have any contact with the child until further assessments have been made.

#Court might wish to consider for alcohol testing.

#Court might wish to consider requesting a letter from my GP in relation to any unmet mental health needs.

#Separate waiting rooms has been requested by my ex-partner and a screen in court. (she had done this before, i was advised that it works in your favour as she cannot see you regarding emotion.)

Also as I live with my younger brother a referral has been made to Adult services as he is classed as a vulnerable adult.

The cafcass advisor has noted down: I do not consider that a fact finding hearing regarding the domestic abuse allegations are necessary considering the police information currently available. (What does this mean?)

None of my issues have been addressed and no recommendations put forward against my ex-partner. It does say on the letter any issues missed i can address them at the court hearing.

Not only I am worried about when i can see my daughter, a referral has been made to Adult services regarding my
vulnerable younger brother.

Based on this information, as I am representing myself and so is my ex-partner, shortly in court, and I have got a character reference from my GP stating that there is no reason why myself should not have access to see my daughter, (Could be worth gold dust in my case)

Alot of allegations have been made from my ex-partner the only one she got was a restraining order.

How should I approach the first hearing? With the Cafcass officer to include what has been missed out from my side of the report, what direction will the judge take, shall i compile a first statement.

I do want some kind of access and or communication, while the S7 report will be complied, As the Cafcass report has stated a recommendation to the court not to have any contact with my child until assessments have been completed. Shall I ask the court for temporary access?

I was also advised to quash any concerns early on and address them to the court with evidence.

Would family references be acceptable

Should I knock on the neighbors door and say has there been any issues, arguments, strange men entering the house etc....

Request the judge to do an mental evaluation based on the allegations she has put in against me.

Or should i just be calm and lets see what unfolds and address each issue as it comes.

Any help would be appreciated Thanks 🙁 🙁 🙁 🙁 🙁 🙁 🙁

Hi rrobb,

just to be clear, what you posted above is not the outcome of the Section 7 report right? section 7 report has not been done?

the part you mentioned:
The cafcass advisor has noted down: I do not consider that a fact finding hearing regarding the domestic abuse allegations are necessary considering the police information currently available. (What does this mean?)
*****************************************************

thats actually good news. means he/she will not ask court to do fact finding. thats a lengthy process that could keep you in court process for extra 2-3 months possibly! read about it here: https://childlawadvice.org.uk/information-pages/hearings-in-the-family-court/

whatever you do, do not go in the vicinity of the ex. stay away from her neighbors. do not think about character references for now. first hearing will be very short and basic. there should be a cafcass officer present. make sure you speak to him/her about all your concerns.

write a position statement. try your best to keep it brief. 2 sides of A4 max. take it with you. give copy to judge, ex's side and to cafcass. you can address all the things from cafcass letter and what you disagree with. but please try not to get side-tracked by allegations. before you know it, the hearings will be about you and your ex, and not your children. keep it child-focused.

tips to write position statement: https://childlawadvice.org.uk/information-pages/writing-a-position-statement/

yes you should ask court for interim access to your child. ask but i think its unlikely they will allow it for time being, because of the silly stuff written in cafcass letter, advising against it.

Hi Bill,

Thanks for your advice immensely.

This is not the outcome of a section 7 report, as it has not been done.

I will be looking into the links you have sent me in greater detail.

You are absolutely right to keep it child focused. I will write a position statement detailing all my concerns, but focusing on our child.

I will keep you all updated on the progress as the first hearing is next week.

Once again thanks for your help 🙂 🙂 🙂 🙂