[Solved] Filling out C100 application

Hi Yoda,

At the moment no, the next hearing is a Dispute Resolution Appointment, on the Court order it says, amongst other things, which hopefully I have satisfied except the Cafcass officer telling me recommended of no contact, while being interviewed, still awaiting the section 7 report.

# To identify key issues and the extent to which they can be resolved or narrowed and will consider whether that hearing can be used as a final hearing. The court may hear evidence at that hearing if time permits.

# All parties must attend court at 30 minutes before the time fixed for the hearing to facilitate discussion????? What could this mean can an agreement be achieved before going into court?

Thanks help is much appreciated.

hi rrob,

it all depends on your ex. if she is reasonable or not. I hate DRA, because if ex doesnt give a [censored], she can just sit and twiddle her thumbs. then it goes to 3rd hearing. mine went to 3rd and final hearing as ex preffered to be a pain in the back side. but your case sounds tougher if cafcass is saying they will not recommend contact. anything can happen really. if you will have a barrister on the day, make the most of their support.

Hi Guys,

I had my section section 7 report, very bad.

Lots of inaccuracies which need to be addressed quickly, as I haven't got long for until the second dispute hearing.

Recommendations
#To dismiss my prohibited steps order and specific issue.

#My daughter to receive short child centred letters, from me six times per year to include Bdays and Xmas.

#Ex partner to receive help with support services on sharing my daughters life story

#There is no further role for Cafcass.

The report is not clear enough in other sections if contact is given has to be supervised, but there has to be a good reason to re introduce contact???

Help needed on how to proceed with recommendations, as it's saying no contact whatsoever, except letters.

Thanks help is much appreciated 🙁

hi rrobb,

I am sorry to hear that the report was so negative.

what was your prohibited steps order and specific issue about?

did the report say that there is any safeguarding/child risk issues about you? if there is no safeguarding issues and cafcass still said no contact, then what a stupid recommendation. just writing letters will probably end up alienating your child from you. will grow up and think that you never bothered to see her and all you did was send letters.

all you can do now is hire a barrister for your next hearing. ask him/her for help to write your response to the S7 report. sounds like it will be a tough fight. dont give up.

Hi Bill337,

The prohibitive steps order was not to go abroad to leave the country with our daughter. Which I had good reason too.

Specific steps was to have direct input with, schooling, medical and dental, and extra curricular activities.

I understand in the report, the safeguarding issues mainly relate to what future impact I might have towards my daughter, and of course relations to DV, in which I have a restraining order against myself towards my ex partner.

There are mentions of supervised contact if there is a good reason???
and lots of instances where parent alienation has
occured, but has been toned down and so have my concerns.

There are no recommendations for parenting classes, domestic awareness class, or anything to promote me being with my daughter. Only letters or supervised contact, with a good reason( what better reason is than not breaking but building a better relationship with your child)

It also states which it is not clear, to say if unsupervised access was given on the basis that supervised access was given on a short to medium term on a 3 month time scale. Cafcass unable to make remmondations for safe and direct contact??????

This does not make sense, I was ready to represent myself, I need to write a clear and concise response. One to Cafcass and maybe to the court before, as the next hearing is very soon.

Thanks If anyone can direct or has been in a similar situation please reply.

hi,

i think your taking a big risk by representing yourself. are you able to afford minimum £500 for barrister to represent you? you mentioned yourself that in the report there is lot of things that are unclear or bit vague. this is why you should be represented. you should contact the court and cafcass person who wrote the report, to request if same cafcass person can be in court at your next hearing. that should help clear lot of things up.

Hi Guys,

An update on my situation, I have had my Dispute Resolution Hearing, not long ago.

I decided to go without any legal representation. I produced a report with an updated position statement(2 sides of A4) and issues relating to the section 7 report).

As i only had a week from when i received the section 7 report, to the court date, the court usher would not accept it, but it was accepted by the court usher towards the end of the hearing.

I argued my case, to be honest they went with Cafcass recommendations, again I was made so small and belittled but kept my points clear.

2 magistrates and court advisor was actually pushing me to agree to 6 letters a year (Cafcass recommendation), to write to my child, when I clearly stated I did not want that.

Court advisor was very pushy to get the order written right there and then, i still said no.

Then I was asked by the court advisor, what do you want?, I clearly stated that that I would like to see our child on a regular basis, with clear contact, and without ridicule. (That is basic i could state it).

The court advisor, ordered my ex partner to downground the harassment order against me, in order to talk about our child issues, schooling, medical...etc over email or other written communication and handed her the paperwork.

There is a contested hearing next which the cafcass officer has to attend.

My question is do i go with a solicitor now?

What can i expect?

The section 7 report is full of errors, have to establish what is fact or opinion based?

What could be a likely outcome, i have submitted a parenting plan from the beginning stating i want 50/50 parenting?

I do know another report has to be made, a index, summary, a position statement that needs to be read in court, questions to ask the Cafcass officer, and my ex partner, all evidences, closing statement that needs to read out to court. (anything else) pictures? statements from family? for the contested hearing.

Is there a good website, or does anyone have knowledge.

I know some guys are starting out with your C100 form, please read my thread, and i will be happy to share my experiences with you all.

Thanks Guys, for your help.

You've got a lot stacked against you and having magistrates probably won't help as they tend to lap up whatever a lawyer or Cafcass tells them. They're only volunteers and not legally qualified.

I think if you can afford a direct access barrister for the final hearing, get one.

hi rrob,

your request for 50/50 care sounds pretty unrealistic, given the fact they are only discussing sending letters to child. but by all means stick to it. i think the standard arrangement of every other weekend, and mid-weeks would sound more reasonable. you should go on the direct access portal and search for a barrister to help you on the day.

https://www.directaccessportal.co.uk/search/1/barrister

Hi Guys,

Thanks for getting back to me, I am now looking for a barrister for the day, as surely 6 letters being sent in a year is not promoting and re-establishing a bond with my child.

I could go it alone but as Yoda said, magistrates are only volunteers and not adept to family law and tend to side with a Lawyer or Cafcass.

From the Dispute Resolution Hearing to the Contested hearing is only 5 weeks, this is a very short amount of time, to build a case and get as much information as possible.

I will surely be seeking professional legal advice, and keep you updated.

Thanks again guys for your help.

Hi Guys,

Update on my situation. I recently went to the Contested hearing, with legal representation, where the Cafcass Adviser was present,

So many inaccuracies in the section 7 report which was pointed out, where the recommendation was for 6 letters per year.

What was pointed out, in court

No Fact finding hearing, on allegations of domestic violence. - section 7 report suggested what was said by my ex-partner was fact.

The report was based on cafcass advisors opinion.

It was noted in court by the magistrates, the cafcass officer was not very accomodating into me gaining any contact or supporting it.

Noted by the court advisor to the magistrates, who turned to me saying she doesn't like you very much.

After much deliberation, and arguments from my ex-partner, Court has ordered

- 3 Months Hair strand testing for alcohol.

- Self referral to the DVPP program - This was because harassment order is in place. Cafcass did not want to fund this, even thou it is free if you admit guilt, and I had admitted the harassment at the time it happened and in court, still did not want to fund it.

I am asking you guys, as the Cafcass officer was so adamant not to overturn the decision. I have made my self a referral and booked hair strand testing.

Shorty there will be a DRA (Dispute Resolution Appointment) - To see if I have been accepted onto the DVPP and passed the hair strand test.

Then hoping that running parallel to the DVPP program i can get to see my child with supervised access, and as the course is a 30 week programme, having an interim report after 15 weeks to see if all is ok. Then unsupervised.

Is there anything else i should be asking for/doing. As Cafcass have now closed the case, should i ask for them to be still involved?

Thanks.

hi rrob,

thanks for the update. a lot to take in. atleast there was no fact finding. have you spoken to your lawyer about next steps? all i can suggest is patience, patience and more patience. if your eligible for that DV course, ace it and very soon you will have unrestricted contact with your child.

if cafcass wrote to you and said case closed, then they won't be bothered about getting involved again, unless the court asks them too. my cafcass officer was nice enough to still give me advice, weeks after case closed.