[Solved] Form C100 for Court Application

Hi there

I don't think you're asking for anything over and above what the courts would generally award. Two days midweek could be reduced to one, but I would argue that this is the current status quo and is what your daughter is used to, the less disruption to her usual routine the better for her.

Once your ex receives the court papers she may decide to stop all contact until he court hearings, this is pretty common, so I would advise that you ask on the C100 for an interim order to be made at the first hearing. If contact is stopped and you don't ask for an interim order to be made at the first hearing, the court won't allocate extra time at the hearing for this to be discussed.

You could ask for the ex to make your child's passport available a month before travelling abroad for holidays, it depends how obstructive she becomes during the court proceedings. Once it goes to court some ex's take real exception to having their control questioned!

Prior to the first hearing CAFCASS will be in touch with you both in order to prepare a brief safeguarding report (called a Schedule 2) they will ask you what the issues are and what you would like to happen, they also make checks with Social Services and Police to ascertain if there has been any past involvement/convictions. If not this will be fairly straigtforward, but it's always best to be child focussed and avoid bad mouthing the ex too much, if she is a good mum there's nothing wrong with saying that.

It's a good idea to prepare a brief position statement to take with you to the hearing, just a couple of pages to tell the court a little background, any issues and what you are requesting the court do. There's a format, but I can link templates and more info when needed.

We will do all we can to advise and support you, many dads here have self replied with much success.

All the best

The nursery my 3 year old attends are making life difficult. We currently both pay for the fees, but I want to solely pay maintenance and let the mothe rpay for whatever childcare she decides. The nursery/school says we have both signed a contract and that they are willing to put it in her name, but only if both parents agree. She is playing games and refusing to sign, even though she would get more in child maintenance.. The school has now split the bill saying I am responsible for 50% - approx £2000
Looking at how child maintenance works (does not take childcare into consideration) I cannot afford the two, child maintenance and childcare.
The school also says it requires a full terms notification to remove child, but can only be done with both parents agreement again. The ex said she will be removing her due to the school not signing up for the free 30hrs, but playing games again.

Before this spirals out of control financially, what can I do? Can I put this on the the C100 as well as access.

Today she also stopped me collecting my little girl which breaks the current court order. She just won't stop her games and using my daughter as a weapon. I have emailed and text her politely as usual, to ask why, but she is also playing the ignorance game in an attempt to make it look like harassment.

Going out of my head with worry now, as it is just one thing after another and want it to end, but feel it never will.

I would open a case with CMS to get the maintenance sorted out properly. Once this is sorted, then maintenance covers everything and you don't have to pay anything else. However, I would also make it clear to the CMS that you are contractually commited to pay nursery fees to see how they would handle this, but I would certainly write to the nursery giving notice that you are giving notice to quit the contract - your ex has the choice to take on the contract, but that's between her and the nursery. I would say that the nursery does not need both parents to agree to terminate, once of you should be enough - it might be worth paying for a consultation with a solicitor on this, I think you might need a commercial lawyer rather than a family lawyer as you are talking contract law, not family law. I think you may take a short term hit in school fees and maintenance, but it's worth that to get it sorted out for the future.

Just trying to complete C100.

Section 1d. Who do children reside with? Applicant, Respondent, other. - Child currently lives with both of us until house sold. It will only allow me to tick one box. Do I just put respondent or can I put both and a brief explanation in the box below.

Section 3b. Do not give a full statement, please provide a summary of any relevant reasons - I have put the following:

1. Temporary court order states I am to collect daughter from nursery every night (exception being Friday when it's respondents weekend). Ex has informed nursery not to allow me to collect my daughter.
2. Court order states we both share access with daughter on alternate weekends and certain nights of the week. Ex has stopped all access.
3. Verbal, Text and emails from Ex that she is willing to give access for half the school holidays (alternated), every other weekend and at least one night a week. I have asked for dates and for it to be drawn up officially. Ex refuses to do this.
4. Daughter and 16 year old step-sister have a close bond and this should not be hindered by blocking access.
5. I believe Ex will make access arrangements even more difficult when both parties move to new properties.
6. I have offered mediation several times - This has been refused
7. I would like the court to order the following access:
a. Alternate weekends
b. At least one night a week on either Mon/Tue/Wed.
c. 50 percent of school holidays, alternated yearly.

Do I need to do any more or less? Do I need to express clearer what I mean by split holidays? E.g. A week each at Christmas broken down to 21 - 27 Dec & 27 Dec - 03 Jan, alternated yearly. Full weeks only, do not want 3 days of one holiday and 4 of another as difficult to get holidays at work.

Thank you

I'm a little confused, I didn't think you had a court order in place yet, just a verbal agreement?

Section 1d. Tick other and give a brief explanation of the current arrangements.

Section 3b It's best to keep it short, no need to number bullet points.

Just condense it down, for instance....ex has stopped all contact, also instructing the nursery staff not to allow me to collect xxxx when I had collected her every night prior to contact being stopped.
Xxxx has refused all offers of mediation and has reneged on all previous agreements, made both verbally and in writing.
I'm concerned for our daughters well being, she will be distressed at the sudden cessation of contact with myself and her wider paternal family.

Point 7 is fine, you can elaborate on the schedule once you get further into the court process.

All the best

The C100 is in and initial hearing is on 6 Sep. I have had correspondence from the Ex and she has stated what she is planning for the future and will put to the court. It consists of the following:

1. Alternate weekends - I agree with this

2. 50% of school holidays alternated yearly - I agree, but she is currently refusing any dates. Ideally I only want whole weeks e.g. Xmas split from 20 -27 Dec and 28 Dec - 02 Jan to be alternated yearly.

3. Ex wants me to have daughter one night a week - Thursday. The ex doesn't work on a Friday and has a long weekend every weekend. I have informed her I want either a Mon/Tue/Wed with alternate Thursdays. I have also put this down on the C100.

I am awaiting contact from CAFCASS.

On the basis of the above offering from the ex, on paper it doesn't seem like we are too far away from an agreement, but I know the Ex and she will try anything to make me look bad and expect further false allegations. For instance last week. I had my daughter for a week as per her agreement. Whilst at Butlins received a message from the Police to contact her son as they were concerned about the little ones welfare. This was all down to me sort of refusing facetime with mother and daughter. Basically she has blocked me on everything and refused to acknowledge any texts in attempt to do me for harassment. She has also said if i contact her family or friends she will do me for harassment.
Subsequently I blocked all there numbers as I will not play silly games. Therefore I have complied with there requests, yet they want me to contact them? As stated above the Ex contacted me via email, but her last line was i will not reply to any further correspndence with you in any shape or form. Therefore I haven't. So I ignored the message from the Police as it did not say to contact them just to contact her son. I did not want to get drawn into any games.

I dropped daughter at the house accordingly 1800hrs and went about my business. On my way to parents house at 2300hrs I was pulled over by 2 unmarked police cars. Apparently it was due to an outstanding safe and well being check. They were going to arrest me for child abduction. They did their checks and and found out a call to say daughter was fine had been put on the system but not relayed to the UK police force. I had been red marked by the police. Let's just say i was a little shell shocked. I am doing everything possible yet being made to feel vulnerable. She has consistently broken the occupation order, but know there is no point bothering courts and police as both will be out of property by the time of the hearing on 6 Sep.
I am however concerned that she may try and put some sort of restrictions into the Child arrangements order. Where do I stand on privacy etc. does she need to know where I am taking my daughter, who my new partner is etc.

How do I prepare for this hearing? Is it practical to draw up a proper schedule based on what I request?

Please advise, thank you.

In addition to the previous message. I also believe she is planning to take my daughter abroad during Nursery school time. Is there anything I can do to prevent this? I have no issues with her going abroad on holiday etc. just prefer it to be within school holidays.

I believe she will break any arrangements made especially surrounding the Xmas holidays. If I was granted to have daughter this Xmas I don't believe ex would physically let her come withe me. What can I do?

To simplify everything I would like to request the court to order the following:

1. Alternate weekends - to prevent anyone feeling vulnerable I would collect daughter from nursery on Friday and take to nursery Monday morning.

2. 50% School holidays

3. Mon/Tue/Wed - one overnight stay - Collect from nursery, take to nursery in the morning.

4. Permit a telephone call/Facetime (if practical) from other parent half-way through any periods daughter is apart 4 days or more

5. Passport to be made available 3 weeks prior to any trip abroad.

Obviously my head is in a spin and just want to ensure I am fully prepared for every eventuality.

Please advise, thank you.

I

The C100 is in and initial hearing is on 6 Sep. I have had correspondence from the Ex and she has stated what she is planning for the future and will put to the court. It consists of the following:

1. Alternate weekends - I agree with this

2. 50% of school holidays alternated yearly - I agree, but she is currently refusing any dates. Ideally I only want whole weeks e.g. Xmas split from 20 -27 Dec and 28 Dec - 02 Jan to be alternated yearly.

3. Ex wants me to have daughter one night a week - Thursday. The ex doesn't work on a Friday and has a long weekend every weekend. I have informed her I want either a Mon/Tue/Wed with alternate Thursdays. I have also put this down on the C100.

I am awaiting contact from CAFCASS.

On the basis of the above offering from the ex, on paper it doesn't seem like we are too far away from an agreement, but I know the Ex and she will try anything to make me look bad and expect further false allegations. For instance last week. I had my daughter for a week as per her agreement. Whilst at Butlins received a message from the Police to contact her son as they were concerned about the little ones welfare. This was all down to me sort of refusing facetime with mother and daughter. Basically she has blocked me on everything and refused to acknowledge any texts in attempt to do me for harassment. She has also said if i contact her family or friends she will do me for harassment.
Subsequently I blocked all there numbers as I will not play silly games. Therefore I have complied with there requests, yet they want me to contact them? As stated above the Ex contacted me via email, but her last line was i will not reply to any further correspndence with you in any shape or form. Therefore I haven't. So I ignored the message from the Police as it did not say to contact them just to contact her son. I did not want to get drawn into any games.

I dropped daughter at the house accordingly 1800hrs and went about my business. On my way to parents house at 2300hrs I was pulled over by 2 unmarked police cars. Apparently it was due to an outstanding safe and well being check. They were going to arrest me for child abduction. They did their checks and and found out a call to say daughter was fine had been put on the system but not relayed to the UK police force. I had been red marked by the police. Let's just say i was a little shell shocked. I am doing everything possible yet being made to feel vulnerable. She has consistently broken the occupation order, but know there is no point bothering courts and police as both will be out of property by the time of the hearing on 6 Sep.
I am however concerned that she may try and put some sort of restrictions into the Child arrangements order. Where do I stand on privacy etc. does she need to know where I am taking my daughter, who my new partner is etc.

How do I prepare for this hearing? Is it practical to draw up a proper schedule based on what I request?

Please advise, thank you.

There's not a great deal of preparation to make before the first hearing. You could prepare a brief position statement to take with you, just a couple of pages to explain the issues, any concerns and what you would like the court to do. You can mention that you have prepared a schedule of contact, which you have with you, if the court wishes you to file it, you can provide copies to them and the other party.

You will also need to have copies of your position statement to give to the court, CAFCASS, your ex and a copy for,your records. You should always give the court the original copy. (3 copies plus the original.)

As far as your privacy is concerned, whilst I appreciate why you would want to give her as little information as possible, you also want to be seen as reasonable. You could agree to inform her if you are taking your daughter out of the county for example, but I don't think you would have to tell her every detail of your contact plans. As far as your new partner, if she is involved with your child during contact, is there a problem giving her name?

I

In addition to the previous message. I also believe she is planning to take my daughter abroad during Nursery school time. Is there anything I can do to prevent this? I have no issues with her going abroad on holiday etc. just prefer it to be within school holidays.

I believe she will break any arrangements made especially surrounding the Xmas holidays. If I was granted to have daughter this Xmas I don't believe ex would physically let her come withe me. What can I do?

To simplify everything I would like to request the court to order the following:

1. Alternate weekends - to prevent anyone feeling vulnerable I would collect daughter from nursery on Friday and take to nursery Monday morning.

2. 50% School holidays

3. Mon/Tue/Wed - one overnight stay - Collect from nursery, take to nursery in the morning.

4. Permit a telephone call/Facetime (if practical) from other parent half-way through any periods daughter is apart 4 days or more

5. Passport to be made available 3 weeks prior to any trip abroad.

Obviously my head is in a spin and just want to ensure I am fully prepared for every eventuality.

Please advise, thank you.

As nursery school isn't mandatory, I doubt the court would want to prevent this, however, as there's no existing court order in place, if you already have PR, she would need your permission to take your child abroad. If you don't have PR she wouldn't need your permission.

That sounds like a fairly reasonable schedule, as I said before, you can mention it in your position statement and take copies in with you if the court wants to see it and allow it to be filed.

It's stressful I know, but my advice is to try and avoid overthinking, worrying about whether she will breach an order that hasn't been made yet is placing undue stress on yourself. Just try and concentrate on the coming hearing and save worrying about problems that might happen in the future, until they arrive.

Best of luck