Good afternoon - If I complete the C100 (signed by the mediator) how long should I expect to wait until the court makes a first hearing?
Afternoon,
In my case, I submitted an application in october 2013 ad had a court hearing set (1st directions) 6 weeks later in november. So it wasn't too long. You should hear back from them fairly quickly from the court with the hearing date.
Simon.
Mine was 5 weeks after submitting the c100 mate 🙂
You have to allow the court 10 working days to process (ours took 8 w days) and the Directions Hearing is usually within 6-8 weeks. Depending on which court you are using, you will then serve the papers to your ex or they will.
The first hearing will usually either be with a legal adviser, magistrates or a district judge.
I submitted my C100 forms last Thursday and today received the letter with a court date on and my ex has received the same. The first hearing is set for 3rd Sept.
Hope this helps.
I put mine in 1st week of July and have my hearing for the 28th august. It does depend on a number of factors even thou a new law has come into force. They have to make sure CAFCASS can do there bit before hand and have time to allocate each case but generally about 8 weeks from the date submitted,
I submitted mine 2 weeks ago and made the payment a week ago. Called the court for update today and they said it would be with legal department it could depend on various factors. I know they contact police and social services for checks.
Although I was arrested because of her allegations of domestic violence, I was released. And social services didn't contact me but were in contact with her.
Can it still take long despite being released with no further action by police?
As per previous posts, depends on how busy the courts are (they are lacking in judges) but they should take 8-10days to process your application, you'll be allocated a hearing date somewhere around 6-8weeks (again depending on how busy the court is)
The first hearing will be to hear yours and her arguments, the magistrate or judge will then decide if you can't agree between you that a further directions hearing is needed to gather evidence. if they think they need that then they'll ask CAFCASS to carry out safeguarding checks before the next directions hearing.
I would contact the police and ask them under the data protection rules to send you any records they have on you. I would also contact Social Services and ask for the same. at least that way you won't be caught off guard by anything that is in there that your ex is likely to use.
Cheers. I've got all the notes social services had since date of referral. She alleged dv over period of week. However social service did not contact me at all and it's been 3 months since the alleged incident!! Also in the social services notes, all they told her was to prioritise our son over our relationship. They didn't instruct not allowing contact as she originally told me.
With regards to police, I need to make a subject access request.
How can I use notes from police and social services to prepare me in what way?
If the police and social services notes / records have nothing in them about DV/DA being found to have been at play in your case then use that to show that you are not what the ex is now claiming.
one of mine simply said that - the text messages my ex had alleged were harassing ....were not in anyway harassing in nature nor threatening....and that the ex had a low tolerance to contact between us. they also said that they had seen a court order specifying that we were allowed to communicate only via text about sale of the house and that was what the contents were...no further action taken....ex warned for wasting police time.
helped me out no end in court to prove the ex was deceitful