[Solved] Responding to a C1A

Hi there

Are you the applicant? If so did you send in a C1a form with your C100 form? I ask because the procedure is for the applicant to file the supplementary C1a form with the C100 application form if there are any safeguarding issues that the court should know about. If a C1a form is sent to the respondent they are then entitled to respond on form C1a and this may be why you have received it.

Hi,

I submitted the C100 in order to see my boys. I have since received the C1A form.

I notice there is a space for me to reply to the allegations ( which are pure fiction) but am I meant to send this to court, her solicitor or simply take it on the day?

Thank

D

response to allegations of harm (page 9)
This section should only be filled in if the other party (the applicant) has served a completed form C1A and has sent it to the respondent.
If no form C1A is sent in with the application for an order the respondent themselves will need to complete the form C1A to be returned with form C7 Response to an application under the Children Act 1989.

I copied and pasted the above from the notes at the bottom of the C1a form. If you didn't send a completed C1a with your application then I would say that you shouldn't fill in the response section.

You can prepare a brief statement outlining your case and a response to the C1a she has sent and take it to court with you on the day. Have four copies, one for you, one for the other party, one for the court and a copy for CAFCASS. It should also include a statement of truth and be signed and dated.

You will be given the opportunity to write a more in depth position statement, which is usually ordered by the judge at the first hearing if agreement can't be reached.

Thank you for the advice.

I also have character references from my two older children and a colleague who is the Director of Children's Services in another council. Is it worth presenting these at the same time?

Thanks

D

If you are going to write a brief statement then you could attach them at the back, but IMO I would wait and see what happens at the hearing and get a feel of the judge. Generally neither party is allowed to file paperwork without the prior permission of the judge, some get angry if you do and some don't seem to be bothered! I would start a file and have all your documents to hand in court.

As a litigant in person you will be allowed a certain amount of slack, but it is important that you try and adhere to procedure ...that said some solicitors will take full advantage of your lack of knowledge and act tactically to their clients advantage. The family court is a strange beast, but the bottom line is that it depends on the calibre of judge on the day, they can do pretty much as they like in their courtroom and some are sticklers as far as procedure is concerned, whilst others are more laid back.

The first hearing is likely to be a case of trying to get both parties to agree. The court adviser may want to speak to both of you and possibly get you both round the table.... her solicitor may also ask to meet with you.... You don't have to agree to anything you don't feel comfortable with. My advice is always to ask for more than you would be happy with as this leaves you room to compromise.

You may wish to get hold of a book by Lucy Reed, it's called "court without a lawyer" I think, and you may find it helpful.

Good call NJ - here's a link to that book

http://www.amazon.co.uk/Family-Courts-without-Lawyer-Litigants/dp/0956777406

Thank you for taking the time to reply with such a comprehensive reply. I have ordered the book as it seems a great guide to court.

I guess my biggest worry is getting my point across and convincing the judge of the real facts. I know I have never hurt my boys and my adult children would testify to this in court.

I have the summary that I posted with the C100 but now need to defend new allegations .

My concern is if I was the judge I would be concerned about allowing contact . How do I get the truth heard when I am up against a skilled lawlawyer.

All very worrying

D

Thanks for the link. I will have it delivered Saturday

Hi the Lucy Reed book is excellent, glad you took NJ and actd's advice on that.

It might be worth looking on the Families Need Fathers website and see if there are any branch meetings near you before your hearing, you can get help with statements and general advice.

http://www.fnf.org.uk/help-and-support-2/local-branch-meetings

Hi, Thanks for the advice. There is one in Manchester on Monday.Definitely worth going along

Thanks

D

You're welcome. Definitely worth going along. Heard good things about the Manchester branch. Good luck for the 16th 🙂