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I've filled in the C100 form after the ex failed to acknowledge mediation. My query now is which court? I've been told it has to be near her and my son, but I've also been told I can apply to a court near me. She took my son 200+ miles away and going to a court near her will cost me a lot in travel and loss of work. I work full time she works part time, my son was born at my location. What is the opinion of this forum?
Hi,
I am not 100% sure but you will more than likely have to file the papers to a county court close to her. i have had to travel the country for my hearings. Also don't give her any excuses not to attend, if you apply close to her location then she cant make excuses for not turning up cos if things get messy they will use any ammo they can to prolong things and make things difficult.
Paul
Ok, thanks for that. I'm going to shoot for one inbetween her and my parents who live her way. I don't think it is unreasonable to expect her to travel 30 miles to a court when I am doing a 600 mile round trip.
You have nothing to lose by trying, but I think generally it's near to where the children live on the basis that she'd be able to argue that she needs to be home as soon as possible and not spend the time away from them travelling.
They decided the court near her, but, they said it was in consideration that I haven't seen my son for over 8 weeks and they considered speed to be of a bigger importance and the court near her can see the first hearing much quicker than the one I requested...they did say there is every possibility that they can change court for second and third hearing should it go that far and there is room.
Should receive letter of dates etc tomorrow.....does anyone know how soon the respondent will be served?
Are there any courts better than the other....I'm hoping not.
Judges are all different, but they all want both parents involved in a child's life, hopefully you will get a good one.
The respondent should receive the papers around the same time as you, they're sent out to both parties at the same time I think.
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