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Good Afternoon!
Please can somebody help with my query?
My brother is wanting to request a variation to a contact order that is currently in place for his child. The order will, in effect, increase contact as the child concerned is now 4 years old (she was only 8 months when the current contact order was confirmed in court).
I will be acting as his representative, and I have wrote to the mother 7 days ago on an informal basis, outlining that my brother is requesting an increase of contact, along with the order we are proposing. The language and terminology I used was extremely informal. The letters were sent to her home address using three methods - recorded delivery, 1st class and also hand delivered. We requested the Mother to make contact either way within 7 days.
The letters did not go down very well with the Mother - my brother received a text message containing extremely abusive language.
In any event, the 7 days is now complete therefore we are now going to proceed with completion of a C100 form - however, I have a few questions. If somebody can help, I'd be most grateful :0)
1) I'm assuming the law has changed as the C100 form states that mediation must be considered - when the initial contact order was implemented, my brother attempted mediation but the mother failed to turn up. Are we required to do this again because we are now requesting to amend the contact order?
2) Am I completing the correct form as the C100 form mentions making an application, not amending an order.
Thanks very much
you will need to try mediaton again from what I understand about what you have said - however, if she refuses to turn up or come to a mutually acceptable decision, then the mediator will sign off so you can then go to court.
I would also advise that you don't act as his representative and let him deal with this himself as when you get to the court hearing stage, you will not be allowed in the court room with him and he needs to fully understand his own case.
Great, thanks for your help.
Makes complete sense really - when we sent the informal letter to her, he was presented with a very abusive response by way of text message, so I'm assuming she will probably be in the mindset re mediation.
Yoda - I didn't know this, I thought I'd be allowed in the court room. Learn something new everyday, thanks very much 🙂
Yoda makes a very good point, it's essential your brother knows about and understands his own case. It may be possible for you to be allowed to enter the courtroom with your brother, but he would need to write to the court and request that he be allowed to be use you as a MCKenzie Friend. If the court agrees to this it would mean that you can sit next to him in court, but you wouldn't be allowed to speak on his behalf.
You have the correct form for requesting a variation of the existing order.
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