Welcome to the DAD.Info forum: Important Information β open to read:
Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you β or someone you know β are being harmed or in immediate danger of being harmed, call the police on 999.
Alternatively, if you are in crisis, please call Samaritans on 116 123.
If you are worried about you or someone you know is at risk of harm, please click here: How we can help
Can I ask a question regarding statements....
In my court order that I have been served by the lovely ex.... It states that by 4pm on the 8th April I have to file and serve a statement in response to the court and solicitors, I did this all yesterday however, it also states that the family support work shall serve and file a report, the cafcass officer should do the same and the applicant should file and serve residence order by 4pm 18th march.
As I am representing myself, I am assuming that they have to serve me with copies is this correct?
As far as residence order goes have still not been served but am aware that they emailed court and me to say they forget to ask for funding for this through their legal aid app and as soon as they get this they will do so, does this mean tough they're too late?
Also after speaking with cafcass officer I was advised to put in a c100 residency/contact order myself, does anyone know if legally I can do this
I think you that is all correct except the legal aid app, which I have no idea about. I've asked the CCLC to pop by and comment.
Hi joman,
In terms of the Residence Order please not that it will only become legally binding once it has been served upon you.
In terms of your concerns about the late serving of the Residence Order by the applicant we suggest that you communicate these concerns to the court and the judge will direct the next steps and the implications, if any, of the late service.
If proceedings remain ongoing, it is possible for you to make an application for a Residence Order or Contact Order using the C2 form. This form is available from www.justice.gov.uk or from the court itself. There is an application fee but if you are in receipt of particular benefits or on a low income you can complete the form EX160A for a discount or full exemption of the fee. If there are no proceedings currently in progress then you must apply using the C100 form.
Please note where the court makes decisions on these matters it refers to the "welfare checklist" and will only grant the order if it is in the best interests of the child. The checklist is as follows:
β’ The wishes and feelings of the child (more weight being attached to the wishes of a child over the age of 11)
β’ The childβs physical, emotional and educational needs
β’ The likely effect on the child of any change in circumstances
β’ The childβs age, [censored], background and any other characteristics
β’ Any harm which the child has suffered or is at risk of suffering
β’ How capable each of the childβs parents are of meeting the childβs needs
If you have any further questions please call our free legal advice line on 0808 802 0008 between Mon-Fri 8am-8pm.
Yours Sincerely,
Child Law Advice Line
I've moved this to its own topic Joman.
We write further to the above and to paragraph 6 of the Order made by ..............sitting as a Deputy High Court Judge on 11th March 2014. Unfortunately, we have been unable to comply with this direction on motherβs behalf as we have been unable to amend the scope of her public funding to include an application for residence at this stage. We envisage motherβs original application for public funding will be processed imminently, as such, we will once again apply for the scope to be amended to include an application for residence and then proceed to make such an application.
Paragraph 6 was to file and serve to the court and respondent an application of residence before 4pm on the 18th March 2014. Above is the email I received on the 18th march at 11.30am in the morning.
Do u still think it's advisable to contact court to moan about this as they haven't obeyed to the court order and do u still think it's worth putting in a c2/c100?
I would certainly speak to the court for their advice (better word than 'moan' π )
Welcome to the DAD.info forum.
We donβt like to set βrulesβ, but to make sure that you and the other dads are kept safe, we have some requests. When engaging with the forum, please be aware of the following:
- The forum is not moderated 24 hours per day.
- Many of the moderators do so on a voluntary basis. Whilst they may be able to provide some guidance, advice or support, they may not be able to deal with specifics.
- We are not an emergency crisis service so if you or someone else is in immediate danger, please call emergency services.
- If you are concerned about the safety of a child, please click here to find the support you can get for them (link to new page)
- If you are in crisis, please call Samaritans on 116 123. They are open 24 hours a day, 7 days per week.
We hope you find this forum a supportive environment and thank you for joining us.