Welcome to the DAD.Info forum: Important Information – 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 – or someone you know – 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
Hi. My story...
Split one year ago and have a 2 year old son. My ex lets me see him, at her house, for x2 2hour sessions a week (sometimes he's asleep for part of that visit)
I am named on the birth certificate. I pay maintenance and have tried to negotiate to take him out myself but just doesn't get entertained. I've said I want an overnight and to take him to my house at times but nothing.
I have tried mediation but she ignored it so now I'm at a point of applying to court so reading into all that. The mediator said they'll certify the court form.
Any advice is appreciated. I can't afford solicitor and I'm not entitled to legal aid. I hold down a full time job and have no criminal record and there was no bad stuff in my exs relationship. I left after trying for too long because I didn't want my son growing up thinking that's what mummy's and daddy's are like
Thanks in advance
Fill in your C100 and send it off to the local family court.
CAFCASS will be involved initially, they will run police checks on you and the ex, local authority checks too (mental health and social services).
If the checks throw anything up you will be asked about this.
They will call you, get your side and then the other sides side.
This letter will be issued to court in time for your first hearing. You will also get a copy.
If there are no safeguarding concerns, you should be granted contact at the first hearing - if there are concerns it will be slightly more difficult, a more detailed CAFCASS report may be ordered and contact may be halted for 12 weeks while that is put together.
If the ex-gets herself a solicitor or a friend who "knows the ropes", expect a heap of false allegations designed to rile you and frustrate contact.
Don't get riled, get through this with dignity and there should be no reason why you don't get overnights at some point.
I started my case in July 2015, it finished at the end of November 2016.
I was refused contact for six months with my children who were 4 months old when we split. I didn't see them for six months because of her.
Gradually this changed. They now live with me from Tuesday to Friday and her Friday to Monday.
No matter which way it goes for you, it's going to be a heap of pain but the rewards can be life changing.
We are here to support and advise you all the way.
Good luck
Hi there,
.
I would get the C100 form sent off, ensure that you ask for interim contact within that application, just in case when the forms are sent to your ex, she decides to stop contact until the court case, this happens quite often so better to cover yourself.
.
Cafcass aren't always involved, but if they are they will have a telephone conversation with you and ask for any concerns you have, just be honest, but don't throw mud, just air any concerns that you have, but be factual, rather than giving your oppinion on how you feel your ex is.
.
The first hearing could take a few weeks to recieve a date, nut shouldn't be too bad, you can easily represent your self, many of us on here have done this and managed to get a good result, and as you have no issues with regards to DV, drink or drugs, representing yourself should be quite straght forward.
.
We can give you advice throughout so just shout if you have any questions.
.
GTTS
Thank you for the reply guys. As for the form, is this the one the mediation are certifying for me and charging me 36 quid for the pleasure of?
What further cost can I expect representing myself?
I'll keep you guys updated. Looks like you've helped a lot and hopefully I can after my experience
Hi There,
.
This is the form that the mediator will sign for you, without thier signature the courts won't accept the application, the fee is £215 and that is all you pay, it doesn't matter whether you have 1 or 100 hearings its the same cost................
.
.............If you get too 100 hearings you would have surely broken some sort of record Lol, you would normally have as many hearings as needed, but somewhere arong 3-5 would be about nprmal unless there are issues of DV or similar which there hasn't been.
.
Keep us posted and ask any advice you need.
.
GTTS
Absolutely blinding advice been give there by Justdad and GTTS which is completely spot on, that's not bad £36 mine cost me £130 it'll be around £215 for the court application and that's it for the duration of the case.
It's well worth doing self representation it's tough going but if you remain calm and focussed on your child you will be fine, the courts do take their time so be patient tick all the boxes and don't rise to anything from the ex.
It's probably a bonus that your child is so young as they won't know whats going on and by the time you get it all sorted they wont know any different.
good luck with it all
Slim 🙂
My understanding is that the Section 2 Safeguarding Letter (CAFCASS produce this) is mandatory. If there are no concerns then they will back away from the case.
I think you're right about CAFASS justdad, they are tasked with providing a schedule 2 letter, to inform the court of any safeguarding issues and they often use this to make recommendations to the court, dependent on their findings, concerning the schedule of contact and how that might be implemented.
Let's hope that mediation will be enough to get her to agree, it might be helpful to try and introduce a parenting plan, tak a couple of blank copies along with you on your next visit and ask her to work on it with you....if she won't then try and leave a copy with her for her to read over and work on separately and you do the same. You'll find templates and more information about parenting plans in a sticky at the top,of the legal eagle section.
Best of luck
Hi There,
.
Sorry I've got my wires crossed, I've just started a new job and working quite long hours so not quite with it and I'm getting things mixed up, as said Cafcass will always be involved, but they don't always attend the court hearings, sorry for the confusion.
.
GTTS
Here's a link to thesticky about parenting plans/templates.
https://www.dad.info/forum/legal-eagle/38959-cafcass-parenting-plan
The plot thickens...
Received an email now saying my ex is going to attend mediation and they'll contact me. Asked her when I saw ,y son so I could be off to look after my son but she said I'm not and her mother is then threatened to call police which was ridiculous. I said call them and she didn't.
Then a change and asked if I'd drop the formal process if I agreed not to have him overnight which I want so won't.
In work today got called into the office by a senior manager as someone anonymously had wrote a letter saying I've been accessing private info using works computer and had printed screenshots and all sorts off my brother fiancées phone. Spoke with her and she thinks maybe my ex has used her phone without her knowledge. I hadn't been accessing private stuff, it was blood test results from a gp I was enquiringly about...as she's a nurse so knows that stuff
Where the [censored] do I go with this? It was sent anonymously to my work but that's...erm....nuts
It is really important that you don't give her any reason to call the police. Regardless of the truth, they will step in between you and the ex and that will complicate things. I know it sounds ridiculous but please just accept it and beware.
The work thing may be unrelated, I suspect you just need to get through that and treat it as a separate issue.
Go ahead with mediation and see what can be agreed, it sounds very much like you'll be given the run-around and whilst I really hope mediation works for you, it seems to me that court is going to be your only option in the end. When my ex left, she said "you can see the children any time you like" - what she meant was "provided it was in her home and uner her terms". That's no way for a proper relationship to be formed between a father and his children. I told her I would rather see them on my own - she then called the police and stopped me seeing them for six months - it's a control thing - sounds the same in your case.
From today onwards, just imagine that there is a family court judge sat beside you in everything you do. Believe me, if you fart, it could be raised in court in an attempt to make you look like an incapable father.
It's a long, slow and tough journey but if you keep your cool, you may come out of this with much more than the one overnight you are after.
Welcome to the DAD.info forum.
We don’t like to set ‘rules’, 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.