TOPIC: Filling out C100 application

Filling out C100 application 4 months 3 weeks ago #99700

  • rrobb
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Hi All,

I have read many articles regarding to gain access to see my child, all are good and very specific to everyone's needs.

I would be grateful to have some insight on my matter as I cannot afford a solicitor, and have been to many of the free sessions at a family solicitor in my local area, but to no avail after explaining my situation many times. after which, I was told "please can you deposit a minimum of £££££ to start proceedings.

I have filled out the relevant forms to get help with fees as I am on benefits at the moment, and I now feel confident enough to represent myself in court, as it can go in my favour after reading many articles, as talking to the relevant judges directly not through a third party, but can work against me when relating to the law issues.

Please note i have been to court many times relating to this issue with many false allegations being made against me.

My issue is with my ex-partner who, has not let me see my now 3 year old daughter in 2 years. Firstly is always abuse towards my ex-partner, then alcoholism, then malicious communications, harassment, then stalking.

I had been ejected from the matrimonial home, after calling social services on my ex-partner after she went away for a week with my daughter came back and questioned her about my daughter not walking very well, she was being very evasive after in my questions then an argument broke out. I told this to the Police, no statement was taken from me, after my ex-partner claimed many allegations against me.

Claiming many allegations, between those 2 years I have been desperately trying to see my daughter. It was me who was getting into trouble with the Police, Please note domestic violence teams, offender management teams, social services have all been involved.

I have tried mediation twice, as my ex-partner does not want to know, as its her right. I have tried contacting her, going to matrimonial home, speaking to her family members who clearly made it understood, it is both of your problems and do not want to know. A non molestation order was put against me in 2017 for 1 year, cannot visit or contact with my ex partner.

At the time I did feel my partner was at a low point before all this happened, being it was our first child and noticed that she was not bonding very well with my daughter. I made many appointments for her to see a doctor but had brushed it off, not noticing that i was treading on egg shells every time she was coming back from work as at the time I was working shifts, and had more time to spend with my daughter, take her to see friends and family, going to the park etc...

I really thought this would pass, as I thought I knew my partner very well.

I now have since a few months ago in 2019 my ex partner has put a restraining order on me as I was hand posting letters regarding the welfare of my daughter, "do you need anything, financially, support with our child basically anything..." After she contacted me via phone and spoke verbally, need help.

Police came at the door the next day arrested me for alleged stalking, please note as the CPS said the letters that was being posted was not abusive and non threatening. At the time there was no orders against me not going to the matrimonial home or any cautions.

I went to court, the next day after spending a night in the cells, my solicitor had advised me to plead guilty as they charged me with the frequency of the letters, 20 letters in a 5/6 month period, please note I had hand written these letters, with putting whatever money I had in there as she closed the one account I knew the details too (I get more threatening letters from my creditors in a week).

The charge against me is for harassment, (CPS tried for stalking) and NOW A 2 YEAR RESTRAINING ORDER is in place. Not to have any contact with my partner and not to go to the matrimonial home.

There are probably many questions, firstly why didn't I go to court straight away to gain visiting access. Purely me being naive thinking we can be amicable and resolve the relationship in order to gain access to see my daughter.

Should of stopped contacting my ex-partner. After being in a long relationship, we came close to getting divorced twice before our daughter was born.

I have asked for a divorce and not knowing where i stand, in those letters i have posted, again calling the Police on me. I have not started divorce proceeding yet, after I can see my child first as I know the divorce process is longer than gaining access to see my child, as there are many factors such as the property, pensions, other assets etc...

My question is on the C100 form, do i need to state the restraining order, that is against me, to my ex-partner and not the child, as there are only options orders that are against the child. Solicitors do not tell you this without having payment.

C100 Form - Section 7 - Other court cases which concern the child(ren) listed in section 1

I have selected no, but the option "Family Law Act 1996 Part 4 (proceedings for non-molestation order or occupation order) Which I am querying about as in 2017 there was one in place which lasted 1 year against me not seeing my partner not the child.

Then there is an option box tick additional sheets. (Do I put a copy of the 2 year restraining order in there?)

Thinking logically, as there is now a 2 year restraining order against me, the court will have to know. Or is it down to my ex-partner to tell the court when she receives the relevant paper work from the court?

I could do with as much information as possible, just to have regular access to see my daughter, or anyone who has been in a similar situational. As I know the court will question everything so will CAFCASS.

Above all no one has been injured, no abuse has been committed physically, but I do realise that the law sees abuse in many forms, emotional abuse which is playing a key part here. As who can see a woman cry with a young baby in court, even made me cry and cringe how has it gotten this bad, and question everything that I have done.

Also I have also suggested relate, private counselling to my ex-partner, but to no avail. As i do feel she has a feeling of loosing the child.


Thank you for reading my predicament, help is much appreciated.

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Filling out C100 application 4 months 3 weeks ago #99707

Hi rrobb,

regarding the C100 form, please contact the Personal Support Unit and book an appointment www.thepsu.org

they will sit with you and fill in the form, free of charge. I wish you all the best and hope you get to see your child :)

also please STOP all contact with the ex. dont post any more letters.

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Filling out C100 application 4 months 3 weeks ago #99738

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Thank you for the advice, and will keep you updated. :)

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Filling out C100 application 4 months 3 weeks ago #99770

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If you don't have a local PSU, try contacting Families Need Fathers and look for a branch in your area to get help with forms and guidance about what happens in the Family Court.

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I have several years experience supporting parents in family proceedings as a McKenzie Friend. I am, however, not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

Filling out C100 application 4 months 3 weeks ago #99789

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Heres a link to the FNF website, where you'll find details of meetings nationally, hopefully there will be one near you.

www.fnf.org.uk/help-and-support-2/local-branch-meetings

All the best

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

Filling out C100 application 3 months 3 weeks ago #100423

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Hi Guys, want to give you an update,

Its been around 6 weeks since I last updated this post but read the replies which have been very helpful indeed.

After so much thinking and talking to so many other people in my situation and professionals who are there to help, what to write on the C100.

I kept it simple and short, only stating, why the need to go to court, what my ex-partner is doing go stop me seeing our child and how it is having an effect on our child.

Please note i am representing myself.

I received acknowledgement from the court and the date of the first hearing was set in August 2019. Over the past weeks, I have been gathering any evidence I can, and building up relevant paperwork for court, i.e Mediation forms, Creating a detailed Parenting agreement focused on your child. Alot of posts have said include some pictures of you and your child together which cannot do any harm which I have included.

I even got a copy of my PNC Police report from www.acro.police.uk/subject_access.aspx

Which had taken 4 weeks, without any issues of addresses and Identification. This was some interesting reading as I know Cafcass will have a copy of this so it will be good to know and be prepared if there are any skeletons in the closet.

Also I know my ex-partner will bring up alcoholism as it is a grey area, and can have an effect on the case being a substance abuse, best thing I thought, go to your local GP and explain you are trying to get some sort of access to see your child, and that can I have a blood test,( Liver function test).

Now I have one done long before I submitted my C100 approx. 3 months, which was slightly high but not worrying, but i have abstained from alcohol and i had recently taken my bloods again in July-2019 so my liver should show i have not abused alcohol. If you want to see your child or children you will do anything.

Point of note for later on as i need some advice, my ex-partner sent a C7 acknowledgment form back to me, ticking the box I dont agree with whats on the C100 and ticked the box that there has been some sort of domestic abuse etc....

I looked in the envelope as there was no C1A form, which details what domestic abuse has there been. So I contacted the local court, family section, they did not receive the C1A form but received the C7 acknowledgment. I queried this with the court, and was advised whatever we receive from the respondent a copy of it will be sent to you. They advised say this in court. (Could be an advantage)

Then I received a letter from Cafcass after waiting everyday for the phone call date, and I had the phone call, after reading every single piece of information i could find for the telephone interview.

I made some notes, and made sure I was calm. Phone call came and you go through the basics, please note the advisor was working from home and there was a dog barking loudly, where by i had to ask that person to repeat the questions constantly as I was talking over the barking dog, which i mentioned this and nothing was done. (After asking me at the beginning of the phone call are you in a quiet and private place).

As I knew, the whole interview was revolved around my relationship with my ex-partner and alcoholism. Which the phone call went very badly, I countered everything. Addressed my concerns about my ex-partner but focusing on our child.

The advisor was trying very hard to throw me off but I kept talking about my child, making sure well cared for, schooling, medical, dental, access rights, etc.. even thou the advisor did not want to. At the end of the phone call which lasted 30 minutes, I feel it was rushed and was not letting my get my point across even with the dog barking in the background. The advisor was desperate to get off the phone, but I said at the end of the phone call I understand the process and appreciate your help.

I do reckon I will receive a bad report in the next few days as i will get a copy of before I go into my first hearing.

First point, what advantage if any? do i have, by my ex-partner not sending in a C1A form, even stating that there has been domestic violence by ticking the relevant box.

secondly, if i do receive a bad report from Cafcass which is most likely shall i complain about the clear communication issue, stating that I dont think the advisor could address my concerns as there was a barking dog in the background. Or will i be making matters worse?

I will keep you updated after my first hearing.

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Last Edit: by rrobb.

Filling out C100 application 3 months 3 weeks ago #100426

hi,

your worrying too much. first cafcass call is pretty basic stuff. in mine there were no distractions. but her write up of the call was riddled with silly errors. had to point them out to her to get it corrected later. dont focus too much here at such an early stage. the section 7 report is much more important and will be crucial to what access you get to your children.

also dont worry about C1/C7 form. if your ex has a solicitor, they would have advised her to tick all that domestic abuse/violence, in order to apply for legal aid :)

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Filling out C100 application 3 months 2 weeks ago #100437

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Hi Bill,

Thanks for the reply, I am worrying too much. I have received my Cafcass report today,just as expected very bad report, mainly focusing on my ex-partners issues not mine.

Recommendations as follows,:

#Complete S7 report

#Level 2 Police checks to be completed, upon pending prosecution, (Allegedly i was threatening to take my child away) Completely false.

#Not to have any contact with the child until further assessments have been made.

#Court might wish to consider for alcohol testing.

#Court might wish to consider requesting a letter from my GP in relation to any unmet mental health needs.

#Separate waiting rooms has been requested by my ex-partner and a screen in court. (she had done this before, i was advised that it works in your favour as she cannot see you regarding emotion.)

Also as I live with my younger brother a referral has been made to Adult services as he is classed as a vulnerable adult.

The cafcass advisor has noted down: I do not consider that a fact finding hearing regarding the domestic abuse allegations are necessary considering the police information currently available. (What does this mean?)

None of my issues have been addressed and no recommendations put forward against my ex-partner. It does say on the letter any issues missed i can address them at the court hearing.

Not only I am worried about when i can see my daughter, a referral has been made to Adult services regarding my
vulnerable younger brother.

Based on this information, as I am representing myself and so is my ex-partner, shortly in court, and I have got a character reference from my GP stating that there is no reason why myself should not have access to see my daughter, (Could be worth gold dust in my case)

Alot of allegations have been made from my ex-partner the only one she got was a restraining order.

How should I approach the first hearing? With the Cafcass officer to include what has been missed out from my side of the report, what direction will the judge take, shall i compile a first statement.

I do want some kind of access and or communication, while the S7 report will be complied, As the Cafcass report has stated a recommendation to the court not to have any contact with my child until assessments have been completed. Shall I ask the court for temporary access?

I was also advised to quash any concerns early on and address them to the court with evidence.

Would family references be acceptable

Should I knock on the neighbors door and say has there been any issues, arguments, strange men entering the house etc....

Request the judge to do an mental evaluation based on the allegations she has put in against me.

Or should i just be calm and lets see what unfolds and address each issue as it comes.

Any help would be appreciated Thanks :( :( :( :( :( :( :(

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Last Edit: by rrobb.

Filling out C100 application 3 months 2 weeks ago #100440

Hi rrobb,

just to be clear, what you posted above is not the outcome of the Section 7 report right? section 7 report has not been done?

the part you mentioned:
The cafcass advisor has noted down: I do not consider that a fact finding hearing regarding the domestic abuse allegations are necessary considering the police information currently available. (What does this mean?)
*****************************************************

thats actually good news. means he/she will not ask court to do fact finding. thats a lengthy process that could keep you in court process for extra 2-3 months possibly! read about it here: childlawadvice.org.uk/information-pages/...in-the-family-court/

whatever you do, do not go in the vicinity of the ex. stay away from her neighbors. do not think about character references for now. first hearing will be very short and basic. there should be a cafcass officer present. make sure you speak to him/her about all your concerns.

write a position statement. try your best to keep it brief. 2 sides of A4 max. take it with you. give copy to judge, ex's side and to cafcass. you can address all the things from cafcass letter and what you disagree with. but please try not to get side-tracked by allegations. before you know it, the hearings will be about you and your ex, and not your children. keep it child-focused.

tips to write position statement: childlawadvice.org.uk/information-pages/...-position-statement/

yes you should ask court for interim access to your child. ask but i think its unlikely they will allow it for time being, because of the silly stuff written in cafcass letter, advising against it.

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Last Edit: by Bill337.

Filling out C100 application 3 months 2 weeks ago #100450

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Hi Bill,

Thanks for your advice immensely.

This is not the outcome of a section 7 report, as it has not been done.

I will be looking into the links you have sent me in greater detail.

You are absolutely right to keep it child focused. I will write a position statement detailing all my concerns, but focusing on our child.

I will keep you all updated on the progress as the first hearing is next week.

Once again thanks for your help :) :) :) :)

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Filling out C100 application 3 months 2 weeks ago #100477

hi,

no problems. cafcass and courts thinking is heavily based around the childs welfare check list. so whatever you write on position statements, witness statements, you should write based on these criteria.

check it here: childlawadvice.org.uk/information-pages/the-welfare-checklist/

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Filling out C100 application 3 months 2 weeks ago #100480

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Here's some links to info about how to structure statements and also a template that you can use.

www.thecustodyminefield.com/flapp/positionstatements.html

Template -

media.wix.com/ugd/69743a_6f5457e9a07b43a...ith%20questions.docx

www.thecustodyminefield.com/flapp/statement.html

A good website with info in plain english, some court videos to watch too.

www.mfjc.co.uk

All the best

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

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