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I had my MIAM in March, I was told I have 4 months to complete the C100 form and apply to the courts...so I have this form in front of me and thought it would be a good idea to get some guidance from any mod's here that are familiar...
There's a section on page 1 called "Concerns about risk of harm", I'm unsure of which of the following I should tick...
- any form of domestic violence
- child abduction
- child abuse
- drugs, alcohol or substance abuse
- other safety or welfare concerns
I remember my daughter had a burn on her arm when she was about 3 / 4 years old, this was when I met her at a contact centre, she told me her mum poured boiling hot water on her while in the bath...although my daughter is now 13 years old, should I tick this?...
I wouldn't think I'd need to tick this, although my ex-wife has taking my daughter out of the country (Durban, SA) without my knowledge...
What constitutes as "abuse"? The amount of lies and mind games my ex-wife has played against my daughter and I, are endless. After 10 years of divorce, my ex-wife still hasn't learned how to keep a clean home, the concern is still the unhealthy, littered, bacteria invested pig sty she calls a home...my daughter refuses to invite me into her room due to how messy she claims it is!
I remember turning up unannounced on my daughter's 8th birthday, you could barely see the floor through the scattered bottles varying from fizzy drinks to alcohol!
I worry about my daughter's safety, she needs her father, especially now she's a teenager and previously spoke to me about boys. Being from East London myself and have witnesses boys / men looking at my daughter inappropriately, I'm naturally worried that Alison is bringing the wrong attention to my daughter with revealing (and dirty) clothing.
Any advice on this is greatly appreciated - thank you!
Win'
Hi There,
I have answered you post within your post if that makes sense......
any form of domestic violence
I remember my daughter had a burn on her arm when she was about 3 / 4 years old, this was when I met her at a contact centre, she told me her mum poured boiling hot water on her while in the bath...although my daughter is now 13 years old, should I tick this?...
I wouldn't say this was domestic abuse, it may be considered child abuse if you could prove it was done deliberately, which after this lengh of time I don't think you could and after this lengh of time I wouldn't bring it up, if it was recorded at the time it will be on record but if there has been nothing since then I don't think it would be considered
child abduction
I wouldn't think I'd need to tick this, although my ex-wife has taking my daughter out of the country (Durban, SA) without my knowledge...
Again, if your ex took your daughter out of the country for a short lengh of time then this wouldn't be abducton so wouldn't bring that up, though you could ask that it be written into any order that any future trips out of the country you have to be informed prior to them being book or taken
child abuse
What constitutes as "abuse"? The amount of lies and mind games my ex-wife has played against my daughter and I, are endless. After 10 years of divorce, my ex-wife still hasn't learned how to keep a clean home, the concern is still the unhealthy, littered, bacteria invested pig sty she calls a home...my daughter refuses to invite me into her room due to how messy she claims it is!
Though the mind games are a form of abuse, and you could talk about them in court, I personally wouldn't put them on the form, when your application gets read you want it to be factual and brief with the issues you are facing, I'm not saying that the mind games aren't factual, but written down it's hard to get this accross without it sounding like [censored] for tat, when you have your hearing you can talking about all these issues and have them all addressed
drugs, alcohol or substance abuse
I remember turning up unannounced on my daughter's 8th birthday, you could barely see the floor through the scattered bottles varying from fizzy drinks to alcohol!
As this was a party, I don't think this would be considered as abuse, unless you had solid proof of exsesive amount of drinking or drug taking over a period of time then again I wouldn't fill out this section
other safety or welfare concerns
I worry about my daughter's safety, she needs her father, especially now she's a teenager and previously spoke to me about boys. Being from East London myself and have witnesses boys / men looking at my daughter inappropriately, I'm naturally worried that Alison is bringing the wrong attention to my daughter with revealing (and dirty) clothing.
This one you could just list the cothing part give some examples of what is being worn by your daughter
I know it seems as though i'm saying not too add anything that you have written, but from my experience in court, you will have plenty of time to talk through every concern you have, if you list them all out on the application, it may come accross to the judge reading it that you are trying to throw mud at your ex to help your case, a lot of what you have written although valid are your oppinion, I'm not saying that you are wrong in what you think as it sounds as though what your saying is fact, but you have to look at things from all angles, a judge will quickly read the application and although they shouldn't will make an assumption about the case, they should clearly stay impartial until a hearing but I would put money on the fact that when entering the court room after reading a lot of applications they already have a pretty good idea, how they feel about the case.
GTTS
I don't know what form you have but page 1 doesn't have any of these questions! Here's a link to the C100 form.
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdf
As far as your concerns go, a burn on the arm nearly 10 years ago is historic and shouldn't be mentioned.
Child abduction....your ex does need your permission to take your child abroad, unless she has a residence order in place, in which case she can take her out of the country for up to 28 days without your permission.
Lies and mind games.... You could argue emotional abuse, it's a difficult one to prove.
A dirty home....you could argue neglect, but the question would be if you had concerns of neglect why have you left it so long?
Drugs, alcohol....again the incident you refer to is 5 years old and is historic, wouldn't be entertained without evidence of current abuse.
I would agree your daughters best interests would be best served with both parents full involved. Teenage girls and boys is a common worry for all parents and again wouldn't flag up serious concerns with the court, unless you have evidence that there is an actual risk to your daughter.
Dirty and revealing clothes...revealing clothes is probably a discussion most parents have with their teenage daughters. Dirty clothes, that neglect and can be mentioned along with the dirty living conditions, it's still considered borderline by the courts though I'm afraid.
...as GTTS has said, it's better to leave your concerns for discussion in court. You will be given the opportunity to tell the court how you feel and what concerns you have.
Thanks for the reply, I have the exact same form...you'll see the 5 mentioned "YES / NO" bullets on page 3 of the pdf, which is page 1 of the actual form.
Thanks a lot for your informed reply, it's helped a lot.
Just one thing I'll say; I'm not sure why you think there was a party, there was no one there but my ex-wife and daughter, the state of the flat has always been a mess and unclean (since marriage), not just on my daughter's 8th birthday. It's still like that now - the last time I was there was last Summer!
The rest of your input I will take heed of - thanks again.
Win'
Hi,
Sorry, I Thought I read "8th Birthday Party" What you saw was different then, so not acceptable, however as NJ said it's too long ago to bring up on the form, you could discuss the state of the house in court, broach the topic though of one of concern for your daughters health and well being, which is exactly your concern, but using those words will stoo the judge thinking you mud slinging.
GTTS
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