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Hi All,
I am considering in putting an application for contact for my family.
The matters are the following:
1) The mother since December 2016 has not let me or my family (mother, father, niece, sister) see the children.
2) She has ignored mediation and refuses to attend which was done on behalf of my mother and sister for her child.
3) My daughter who is 4 years old ust to play with my niece every single weekend
4) My mother ust to play and look after my niece pretty much every single weekend.
Points 3 and 4 have now stopped since Dec 2016, we are considering in putting in application for contact, what is the best way to tackle this??
Has anyone had any past experience?
What form does my mum or sister need to fill out?
Hi there
If your mother and sister want to make a court application they would have to ask permission from the court to do so, which would be form C2. They would also need to submit form C100, which should also be signed by the mediator, to say that mediation has been attempted.
If you want to apply you would also need to attempt mediation first, if this failed then the mediator would sign the C100 to enable you to apply to court. You wouldn't need to ask permission with form C2 as you are a parent of the child.
Hi Mojo,
Thanks for the advice, i am cracking out the C100, I am assuming as I am the father my mum and sister do not need to fill out a C2? How do I show I am giving them permission?
I also wanted to know, what my mother and sister would write in there position statement to show it is necessary for contact, things like:
- My daughter ust to go there every weekend to visit my mum and sister, with proof? I have various emails from mother saying "you always go there every week"
- Pictures of them playing together - put some emotive stuff in there
- Get my niece to come? she is only 7 but would say to the judge how it is, which is that they ust to play together and she misses her.
- Get the letter my niece wrote to the mother and attach it as a exhibit... it just basically says, can i see my daughter etc.
Any other suggestions to hopefully have a successful case?
Please note we have already spoken to the mediator and the mother refuses to mediate... they have a MIAM certificate .or something similar.
Please note, I have a allegation of domestic violence.
We are trying to just go for contact in a contact center for my niece who is 7 or My Mum or my sister.
I would suggest that the father puts in the initial application and asks that any order the court makes allows for the aunt and grandmother to be included in the contact. It would make matters much more straightforward. If the proceedings became complicated, the aunt and grandmother could provide witness statements for the father to include as evidence.
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