Just completing my C100 as ex has refused mediation after we both attended our MIAMs
I currently have 6 nights in 14 but ex has been messing about over school holidays and creating large gaps, up to 2 weeks, where kids don’t see me and she refused to change this even though they were just sitting at home. So
I’m looking for a court order to confirm the 6 nights every two weeks and half the school holidays so the kids don’t again have to go through the upset of long periods not seeing me. Going from every few days to two weeks causes them massive upset.
How much info should I put into the section where you detail current arrangements and what you’re looking for the court to do? My first draft detailed the current arrangements in full including weekday pick up times from their mum, but not sure if that was overdoing it.
I’m hoping to resolve this at an early stage in court as it’s basically what already happens just taking away the ability to unilaterally make changes to their routine. Though not sure why ex wouldn’t address this in mediation??
you put all of your proposed arrangements in your position statement, and take to court with you. keep c100 form brief anf just state your going to court because ex keeps making changes and your kids go long periods without seeing you and holiday issues. in position statement, make sure you cover as much as possible. like what you want to do about bank holidays. special occasions. wanting to go abroad. what happens with passports? etc
Thank you for your reply
I am a little confused about the process. When would I use the position statement?
I had hoped that we’d just agree at the first court directions meeting as it wasn’t a big change to current arrangements and get an order without having the court hearings in front a judge.
Thanks, appreciate your comments
you take a position statement with you to every hearing. you give it to judge, to cafcass and a copy to your ex. it lets court know what your situation is regarding children, and what you would like the court to do about it. i dont know what your ex is like. but dont be disappointed if this is not resolved at first hearing. i dont think i have come across any case where a dad said it was all sorted at the first hearing.
check out: writing a position statement - https://childlawadvice.org.uk/information-pages/writing-a-position-statement/
Thank you Bill
Not sure why life can’t be simple!!
Only looking to get what I currently have such that the ex can’t mess about with routine, though I really don’t know where she’ll come from in court other than probably trying to say I should have less time with them than I do. She even confirmed to my solicitor the current arrangements were working well (which they are other than the school holidays).
I do fear that I may get awarded less than they see me now.
Unless she asks for less, the court aren't going to just remove or reduce your contact.
I wouldn't be surprised if you struggle with regard to having 2 weeks consecutive holiday contact if she wants that to remain.
It's pretty bog standard in most court orders for 2 week blocks in summer.
As they are one 4&6 and it was the first year of separation, the two weeks last summer was too much for them to go without seeing me. I’d like to be able to have 2 weeks with them in school hols as that’s a lot easier than week about.
Just waiting for mediation part of the C100 to arrive then application will be sent off.
It’s all stuff that could be solved between adults to be honest but I don’t trust my ex to keep to what we would agree between us and that’s what isn’t fair on the kids.