Going to court

[axrob]

Hi all,

Sorry im new to this and still trying to find my way around.
Right, ive been told I need to prepare to go to a court to make a (application to court) To see my children. I havent seen them since Dec 2014, ive been trying everything but solicitors untill now, texts, friends, letters, mediation etc With no luck.

My problem is, what do I do? Im going to be given some paperwork from my solicitor and he says just go up their and make a application there and then. Is it that easy?

Hope the above makes sence. Thanks Rob

[Suzie, FRG Adviser]

Dear Rob

Welcome to the Family Rights Group Parents’ Forum.

My name is Suzie and I am an Adviser at Family Rights Group.

I am sorry that you have been having such difficulties in arranging contact with your children.

As far as making an application is concerned, you will be applying to the court for a Child Arrangement Order regarding the contact you will be able to have with your children. It appears that your solicitor is going to complete the relevant forms for you to take to your local family court in order to issue the application.

At the court you will simply need to hand in the completed C100 forms (you will need 4 copies) and the court fee or the completed form if you are asking to be exempt from paying a fee. The court staff will take the documents and your application will be issued and a copy of your application will be sent to your children’s mother or the person with whom they are living with details of the date fixed for the first court hearing. You will also be sent a sealed (stamped) copy of your application and details of the hearing date.

If your solicitor is going to represent you at court you will need to let him/her know the date of the hearing. You will need to attend the hearing on the date set by the court. If for any reason you are unable to do so inform your solicitor or the Court directly. At the first hearing the Judge is usually assisted by a Cafcass officer an independent person to see if any agreement can be reached. The Judge will also decide how the case will proceed and what further evidence is needed and will give what are called directions regardingtimes by which things need to be done.

You can obtain further information from Coram Children’s Legal Centre on 0808 802 0008 or by visiting their website.. Please note that they will only advise you if you are not represented by a solicitor.

I hope you will find this information helpful.

Best wishes,

Suzie

[axrob]

Hi Suzie,
Thanks for getting back in touch, yes my solicitor is filling out a c100 for with relevant details from mediation etc.
So I need to photo copy everything 4 times and pay the fee, im been told around 325-375, and just await conformation from cafcass making a visit.

They is 101 questions ive been wanting to ask but just don't know where to start. Ive had some more devastating news tonight so im glad ive made first contact.

Last question tonight is my case involves alleged DV the way ive disaplined my children is no longer acceptable since recently splitting from my wife.

Ive had a small amount of phone contact with my youngest son, today Ive been emailed about it stopping because of his behaviour. Can this really happen?
Sorry and thank you.

[Suzie, FRG Adviser]

Dear axrob
Thank you for your post.

As I explained in the previous post you can contact Coram Children’s Legal Centre. Their new number is 0300 330 5480. Alternatively, your solicitor should be able to give you further advice about the application process.

In relation to the number of copies suggested, the court will keep one copy, one copy goes to Cafcass, one to the respondent (i.e. the mother) and the final copy is your copy. The fee to issue the application is £215.

As you intend making an application to the court the issue regarding contact can be dealt with at the hearing. If the children’s mother say it is having an effect on behaviour then that is something that will have to be looked at further.
It is not clear from your post what you mean in relation to domestic violence, is that the reason that you are separated from your children’s mother. Were children services involved following inappropriate discipline by you? Is it the case that Children Services do not agree to you having contact with the children?

Unfortunately, I am not able to advise you further in respect of your private law application but if there is Children Services involvement with your children and you wish to have advice in respect of that issue, then please post again.

Alternatively, you can speak to our advice line about issues relating to Children Services involvement. The advice line is on 0808 801 0366 and is open Monday to Friday from 9.30 a.m. to 3.00 p.m.

Please note we are not able to advise you on private law matters further as it does not come within our remit.

Best wishes,

Suzie