[Solved] Filling out C100 application

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.