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TOPIC: First Hearing Questions

First Hearing Questions 5 years 6 months ago #62453

The C1A has a section that she fills in, and then later in the same form, there is a section for your response.

If no C1A was sent to you with the c100 then perhaps she didn't fill one in. I don't believe a c1a has to be filled in with a C100.

If you are concerned the C1A is missing, then perhaps contact the court to see if she did submit a C1A with her application.

You cant respond to something that isn't there :)

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A dedicated dad travelling the lonely road to secure the relationship with my son that we both deserve, while helping other lonely travellers along the way.

First Hearing Questions 5 years 6 months ago #62456

My understanding is that the C1A is optional and used to indicated abuse against a child.

It is worth confirming there isn't one in your cases but I would presume not as you have only received a C100.

Good luck with the form's and let us know if you need any help

MH

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First Hearing Questions 5 years 6 months ago #62501

  • BMurkin
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Her solicitors do my head in. I've asked to clarify if it's ok to e-mail my wife directly about everyday matters concerning our daughter, since it's not practical to go through them for everything. I guess it's also expensive for my ex but that's not my problem but it's the delay that does my head.


My solicitor seems to think I won't be in breach if I e-mail my wife directly, as long as I'm careful and polite. This was back up by an independent barrister friend. However, her solicitors says I can't .

This is what the order say

1. Use or threaten any violence towards the applicant
2. Threaten the applicant
3. Enter [ex address] except for the purpose of contact with [sons name]
4. Come within 100m of [ex work place]
5. Instruct others to do anything forbidden in the order

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First Hearing Questions 5 years 6 months ago #62552

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Well, if her solicitor says you can't then ask that if you email, that they will be passed on within an hour within the working day, but it's something that needs to be clarified next time in court. I would tread carefully for now so you don't fall foul of the court.

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First Hearing Questions 5 years 6 months ago #62562

You will need to look at your non mol order carefully to see what you can't do.

The first thing that springs to my mind is that her solicitor will of course say you need to go through them. Ka-ching :)

As stated you need to think about everything and about how it will be perceived by your ex, the court and other parties.

If you write direct read it many times and ensure it can not be misinterpreted. Remember your asking anything will be an outrageous demand and anything you state will be intimidating and bullying.

Also if your ex prefers contact through the solicitor then you might be more likely to achieve what you want through using the solicitor...... Which after all is the goal here.

MH

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First Hearing Questions 5 years 6 months ago #62933

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First hearing on May 1st and I haven't heard anything from CAFCAAS.

Do they contact me or do I contact them? Do they give you warning before the call.

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First Hearing Questions 5 years 6 months ago #62939

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This thread has been very helpful to my case, I too have been worrying about how to do the position statement.
My ex has only just made allegations of abuse and we have been split for 16 months! She made the accusations to CAFCASS and yet I still have not seen the C1A form, perhaps I will receive it the day before the first hearing!

I can rebuff the allegations with evidence but do not suppose I will get chance at the first hearing...and then have to wait more months before I can defend myself.
Just a thought, the ex and i went through mediation before I applied to the court with c100......[]mediation would not have taken place if there was DV]] so seeing as she raised the allegations after mediation did not work, is that not proof itself that she is lying?

Simon, I would gladly take up your offer for the position statement!

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First Hearing Questions 5 years 6 months ago #62946

Result! thats not too far away BM, Cafcass won't give you any warning they will just bell you up anytime really just be very careful how you speak to them no slagging the ex keep it child focused and you'll be fine they will compile their "report" and if you're lucky you'll get it just before the hearing if not you may receive it on the day.

Slim :)

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I'm no way trained in Family court matters so don't take my ramblings as gospel but I've been through the Court mill and learned so much along the way I just like passing my experience on to other Dads who face this absolute nightmare from hell, you might not be able to beat the system but don't let it beat you :)

First Hearing Questions 5 years 6 months ago #63106

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My ex's solicitor has sent me an e-mail asking if I'll be legally represented at the first hearing. Do I have to tell them? Does it make any difference to them if I was or wasn't. I guess if I went it alone, it would be easier for them to manipulate the proceedings in their favour.

I could use a solicitor but I'm not sure. I have one on standby.

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First Hearing Questions 5 years 6 months ago #63113

If it were me, I wouldn't tell her solicitor anything.

Keep them guessing. They can't prepare for what they do not know. That will keep them off guard. If they know you are an LIP, I believe they would be more inclined to treat you differently to how they would if you had representation.

Just prepare for your hearing as you would normally, and let her and her solicitor worry about what you are going to do. In the meantime, you can chill and prepare well..

Simon.

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First Hearing Questions 5 years 6 months ago #63235

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Directions hearing in a few days and I'm bricking it.

Since my wife run off with my son several months ago, my life has been a living hell. I see my son for a few hours a week at a contact centre (supported contact, not supervised) so I'm lucky compared to many on here. However, its still been hard. Before he was taken, it was me that spent most time with him. My wife left for work at 6am and came back at 7pm, so it was me who changed him, fed him, took him to the baby sitters, picked him up and then played with him until mum came home.

All I seek is contact that gives my son something as close as possible to what he once had with me. It will never be the same, I accept that, but I want him to have that routine we once had at least some of the week.

Like I said, I have it better than many others on here...my wife in her application has stated that she wants an order so my son has "regular weekly contact with me" but he lives with her permanently. She said I can't have overnights. I live 30 min from her.

I'm gonna fight it. However, I don't out much hope. The ex's tactic is to drag things out, mentally break me and bully me into accepting whatever she wants. She has not behaved in a way that is child centric. Its all been about her feelings and what she wants. That is what has shocked me, that her and her lawyers have behaved like this despite the system making it clear that parents must behave in the interest of the child. Its like they know they will get away with it.



Hopefully this time next year, I will have something close to the level of contact I want.

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