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Hi there

You just need to be very brief on that section.

Something like 'the respondent mother will not agree to progress from the current order to include holidays and is threatening to breach the order if her terms are not complied with. For example, she will not permit the paternal grandparents to assist during the time our son spends with me. I am seeking a variation of the order to include holidays and who is permitted to assist with handovers or assisting with childcare during our son's time with me'.

It really is simple and brief as you can make it.

I would advise preparing a Position Statement to take with you on the day of the first hearing that lays out what you are seeking to vary in more detail and why.

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With regards to grandparents helping out with childcare. At the final hearing my sons barrister commented that it would be fine, she said that as he had PR it was up to him what happened while the child was in his care. I've been trying to find something Written down that would cover this off, but so far not found anything?

Yes, as Mojo already said - as your son has PR, the other parent (with whom the child lives) absolutely *cannot* dictate/interfere/hinder/frustrate the child's time with the other parent *except* when there is a genuine emergency or some other mortal threat to the welfare of the child (this is why ex partners end up making wild allegations against new partners/extended family when they want to interfere with *how* the child spends their time with the other parent and who with).

With regards to "written down" - the best source are previous cases. There is no "definition" of what PR entails (as such) in law, as it is a rather complex issue. One of the best sources is the list given at paragraph 133 (right at the bottom). here

http://www.thecustodyminefield.com/flapp/caselaw/2004-ewhc-142.html

And summarised on the main page here (look under "does PR guarantee my inclusion in decisions") :

http://www.thecustodyminefield.com/flapp/parentalresponsibility.html

Hope helps -and good luck with variation.

Interesting reading. Thank you for helping.

Hi it's asking for details of previous child arrangement order, what the specific issues are, what I want the court to do and what the rep indents involvement is. I've put something together and tried to keep it as short as possible but it's still quite long. If ok can I send it to you by PM to see what you think? Do you have to be online before I can send you a PM? Can I type it up and attach to C100 or does it have to be handwritten? Sorry for all the questions. Many Thanks Jenny

Hi there

As Yoda pointed out, it's better to answer the questions on the C100 form in the space provided. If you want to expand a little you can do that in a brief position statement that you can take with you to the first hearing.

You can send anyone a PM whether they are online or not. You can fill out the C100 by hand or typewritten.

I'm sure anyone you would like to look at the form will be happy to look over it for you, some of the members may not come onto the forum every day though.

Just keep it brief, there is no right or wrong way to word what you are asking for, but concise is best.

As said before, you can expand on these points in your Position Statement. The C100 barely gets a glance once it's been processed.

You hand your PS to the court and other party on the day of the hearing and that's what the most attention will be paid to.

Hello Everyone

We are in court on Thursday. Cafcass have done safeguarding. When we were in court previously my son had to submit a statement, he has done one this time, but I'm not sure if we need to hand it in to the courts or not. I was hoping he could hand it to the court clerk in court on Thursday, prior to my son going in. He has also done a response to the Cafcass report. Can anyone please advise, can we hand this statement in on the day?

The case is booked for 2pm, got to be there at 1pm. Neither of them are using solicitors, so unlike before when the solicitors tried to resolve matters before going in to the court, I presume we just wait until the courts call them in ?

Thank you

Hello well the judge was not happy that they couldn't resolve this between them, without going back to court, easier said that done. Gave them 30 mins with Cafcass officer while at the court, the ex wouldn't agree anything. Final hearing now arranged in April. My son has got to send a position statement to courts and respondent. Since the hearing my son has sent 2 emails trying to resolve the issues, as yet no reply. At the court she was saying wants mediation or face to face with my son, he has told her that until these issues are resolved doesn't feel safe doing either yet. (She has accused him of all sorts in the past including violence). Neither of em had legal representation at the directions hearing, he is now thinking he should for the final hearing, someone who is able to communicate better with the clerk and judges, the clerk seems a bit confused by some of the issues. Is he allowed to do this? Does he need to tell courts and or the respondent that he is now legally represented, prior to the court Hearing? Or should he just carry on representing himself? Anyone know any good, reasonable priced barristers? Thanks as always.

I think that he could probably consider continuing with self representation, and possibly use a McKenzie's friend to help him prepare and accompany him in court - that will be much cheaper than using a barrister, and he knows his own case better than a barrister does.