[Solved] Starting court order process

Definitely can be a long process and all depends what your husband and his ex can agree to for contact.

From experience, each time my partner has applied it takes roughly 6 weeks to receive a court date. Never used a mekenzie friend, but his ex was not allowed to use her mother (due to being family - not sure if this is the case or a one off situation). My partner has always self represented himself mainly due to the costs for a solicitor.

They will put a child arrangement order in place that will set out when he is to spend time with his children etc. The mother is to make the child available for the ordered time. Depends on work but generally the father will have the children every other weekend and extended contact during school holidays.

The courts will push your husband and his ex to come to a mutual agreement by themselves but if they cant the judge will decide for them.
In my partners case, his ex stopped contact for 4 months and it took 2 hearings to come to finalise a child arrangement order. So first hearing was October and final was January (they put an interim order in place for that time). They told my partner he must rebuild contact slowly (his daughter was very young at the time) so he was only allowed 2 hours weekend then 4 hours/6 hours/8hours then overnight etc so although the process was a little tedius at the beginning the courts had to ensure it was in the childs best interest.

The court will always look for the childs best interest and im not 100% sure but as they are older they should be able to express their wishes as to whether they would like to see their father or not etc.

It is a difficult journey, we are still in the court process due to mother refusing contact making false allegations etc but hopefully yours can be smooth journey and the kids are worth it!

I can only speak on my partners journey through all of it.

Good luck

Thank you, an agreement would be nice but all communication is being ignored even by the children which makes my hubby worried ex is turning the children against him

We really need her to agree to help with travel as its a 3hr journey and too much in one evening to have weekend contact which is what we want. Currently hubby was traveling by train (cant drive due to health) for 5 hr visit or I drive us but driving after work on a Friday wouldnt get children home until midnight and she point blank refuses to ever help with driving.

Just wish we could have worked it out between ourselves and it wasn't a fight.

I think we all wish that!

I think that the court will always promote the children to have contact with their father. I wouldn't know about long distance so wouldnt want to comment and get your hopes up/down.

As a personal view, it shows the court that the father is willing/dedicated to have contact etc doing that type of journey for just 5 hours. Im not sure they will be willing to do a Friday evening as its very late for the children to get home but as i said i have no experience/knowledge for long distance.

Hi There,

If you haven't sent the forms in yet make sure that you add in a request for an interim order to be made at the first hearing, the court process can drag on, and some judges won't look at make an interim order unless it has been requested in the application.

if a interim order is made it could be a very basic contact but at least it's something while the court hearing continue.

Keep us posted and ask any advice you need we are here to help.

GTTS

Thanks for replied, we haven't posted the forms yet and are going for some legal advice today.

I will def include a request for a interim order. We actually had some telephone contact yesterday but the children and quiet and unchatty.

Just hoping this doesn't do long term damage

If we met half way on EOW then we could collect evening and be back home for a reasonable bedtime. Its just if transport isn't shared then we couldn't have them to stay for a weekend because it would just be too much. The only times we have had them to stay is in school holidays when it can be a long weekend. I just think if ex was the one who moved away and hubby can't drive then journey should be shared, 6hr round trip is too much for one person on their own.

yes I think its a good commitment he wants to see his children and travels at a cost & time just to see them for 5hrs.

Just hope the outcome will be positive, I am trying to stay positive

Hi there

Could you clarify what you are asking the court to do? Generally, when there is a fair amount of travelling time, the court would agree a schedule where contact might happen less often, for instance a full weekend once a month, as opposed to every fortnight, but for there to be a larger share of time for the non resident parent during school holidays.

It would make sense for the mother to make the outward journey, straight after school on a Friday, they would arrive with you early evening, without too much disruption. I would most certainly make this point in court. The return journey could be undertaken on Sunday afternoon. Perhaps offer to make this three weekly, with weekly Skype/FaceTime inbetween and a larger block of time during the school holidays.

When completing the C100 form, I would specify, in the section where they ask what you would like the court to do, that as contact has only recently been stopped, due to financial reasons, you would like an interim order for contact to resume with immediate effect.

Financial issues and contact are entirely separate and one isn't determined by the other. The court won't deal with that aspect of your case, they willl consider that contact should only be interrupted where there are welfare issues, again make this point strongly. It's not your partners fault that he's unable to work temporarily.

Best of luck

We're prepared to drive part way and would like ex to meet us part way, worked out I could drive 1.5 hr & if she drove 1hr we'd meet and get home at a reasonable time. If she refuses to do this fortnightly we'd settle for monthly & hubby would get transport to see the children for the day on the other weekend.
I don't think thats unreasonable? they moved away from where they lived as a family without hubby consent

I do agree her making the trip after school would be much easier but she has always point blank refused to help with travel. It was the plan originally but after the first time she refused to do it again. First time was convenient for her because she needed childcare!

I agree I don't think it's unreasonable, I would prepare two proposed schedules, the first where she does the outward journey from school on a Friday and you do the return leg, the second proposal to share the outward and return journeys, meeting at a halfway point as you suggested... I would mention that she didn't consult you about her move, and originally you had an agreement in place where she would undertake the outward journey, which she subsequently reneged on shortly after.

Hi when completing C100 my hubby decided to use a solicitor. they have sent us draft and haven't included too much info.

Should we put in there everything we want to accomplish? i.e. EOW with us, school holiday time etc?

He's simply put that we want to get a child arrangements order when the boys should spend time with hubs as its in boys best interest

As long as you keep it brief, there's no reason why you shouldn't include it. Remember that the solicitor works for you and you are entitled to instruct them on how you wish to proceed. Hopefully you have selected a solicitor that is experienced in family law, otherwise they may not understand the complexities of the family court.

Yes I understand and he is experienced and was very helpful. I had to let hubby decide what he wanted. We wont be able to afford a solicitor with us at the hearing so getting their help now instead. I would have happily completed the form ourselves but hey ho.

Just wanted to check whats the norm. We have the following terms we are asking

1. EOW Fri 7pm - Sun 6pm meeting us part way
2. EO christmas
3. Extending contact in school holidays
4. Fathers day and share of birthdays, plus hubby birthday.
5. Telephone contact 3 times a week

Plus interim contact whilst order being agreed.

Is it normal to point these in section 5b?