TOPIC: Filling out C100 application

Filling out C100 application 3 months 2 weeks ago #100483

  • rrobb
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Thanks a lot for your help, currently writing the First Hearing Position statement. Keeping it child focused which has been my main concern and top priority since I sent the application.

Can the court ask me to explain on the first hearing to explain that are any of the accusations based what is said on the first telephone interview report are true or false? and if so shall I expand on my answer?

Thanks guys for your help.

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Filling out C100 application 3 months 2 weeks ago #100486

  • Mojo
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Generally the first hearing is over quite quickly, and usually covers the ordering of further reports, such as the S7. As there are allegations, the court are likely to follow CAFCASS recommendations, but that doesn’t mean you can’t ask for an interim order for contact in a contact centre.

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 2 weeks ago #100488

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Will definitely be asking for the interim order, but could go either way.

Thanks keep you updated.

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Filling out C100 application 3 months 1 week ago #100537

Goodluck rrobb I'm about to enter this stage now so all the info here and links are going to be valuable to help me goodluck again bud

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Filling out C100 application 3 months 1 week ago #100541

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Hi Auggie,

Good luck with you case.

Update on proceedings, Section 7 report and Fact finding for both me and my ex-partner.

Firstly I went to see the court usher and announced that I am here. I printed out 8 copies of my Position of First statement hearing 2 sides of A4 and numbered the points into short sentences, (see previous replies gives links on how to write the statement). Try and put down as many points on how you can benefit by being with your child or children.

I also stated down that a C1a form describes had not been given to myself when getting the acknowledgement form back from my partner and one had not been filed.

Definitely state down you want interim access, in my case was denied.

I gave 5 copies to the usher as there was 3 magistrates, 1 court advisor and a copy to my ex-partner. The others I had taken spare just in case, I have read that because I did not file it with my C100 form the court could possibly not except it, but they did.

I also went to see the Cafcass advisor and explain that i had concerns in the telephone interview my opinions and views were not noted down accurately in the report, also tried to hand the advisor a copy but refused to take it, but noted down on my file that i had raised my concerns and that it will be noted in court proceedings.

Make sure you say good morning/afternoon to everyone and wait to be asked to sit down by the court advisor, (as I know in my case they are looking for my attitude and behaviour in court.

In court be calm and answer each question politely and you believe it to be true. Also the court usher noticed and said that I had my Cafcass letter out and notes, also asked my ex partner who did not, while everyone was in court.

Just as expected I allowed my ex partner to do all the talking only waiting either by the court advisor or the magistrates to say, "do you have a reply to that question". Mine heavily revolved about the alcoholism and the domestic abuse.

Please note you will be made to feel small, but keep your head up at all times and look everyone in the eye, and take notes. The Cafcass adviser was sitting very close to me typing away frantically on a laptop.

You will feel deflated but just think of your child or children. Also at times you think they have not read your position statement, but they did, but they did not let you know, as in the section 'on what you want the court to do', I put the the most important issues at the top, and that's when they started asking questions to my ex-partner.

#Court has requested an alcohol test. Not needed anymore as i had the proof.

#Mental health report from GP.

# Section 7 report

To the other guys, to have my alcohol report, does this prove my guilt?

Worried about the section 7 report, spoke to my GP already about mental health and gave me a printout of all medications that I have had only painkillers and allergy medicines. Will this be enough?? Doctor seems it was.

Another question as i gave my medical information to the court, and it is confidential information, without asking me they gave copies of my alcohol report to my ex-partner????? Data protection act!!

Worried again

:(

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Last Edit: by rrobb.

Filling out C100 application 3 months 1 week ago #100564

I've been given a non mol but only 2 pieces and not with court stamps on seen a brief yesterday pro bono he said the non mol won't stand the court won't like that I've not been served properly with all relevant paperwork and to get a letter into the court to get it revoked which I have done today before she realises that not all papers served so I'm hoping this won't go to first hearing it will get revoked good luck with yours rrobb hope everything goes your way and you get to see your kids again bud

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Filling out C100 application 1 month 4 days ago #101642

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Hi guys, just and update and some help if possible, I've had my section 7 interview at the Cafcass office. Which I thought went very bad, day before officer saw my ex.

Even thou I thought out future arrangements, what issues or concerns I had, being amicable towards my my ex, to see my daughter, being very polite.

30 minutes into the interview which lasted 1.5 hours. The Cafcass officer said recommend no contact, based on too many factors???? And recommended that myself and my ex partner testify to each other in court

I am awaiting the full report, to plan what needs to be said at the second hearing, what are my options? Or what can I ask for?

They have scheduled a 2 hour time slot in court, the Cafcass officer was very eager to know if was representing myself of go with a solicitor, as myself and my ex partner are representing ourselves.

Another question, could my ex partner agree to my terms at this stage or part of it???

Thanks for your help.

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Filling out C100 application 1 month 4 days ago #101643

hi rrobb,

im sorry to hear that the S7 interview didn't go down well. i was fortunate enough to get a very fair and level-headed cafcass officer.

all you can do now is wait for the S7 report to come out. see what the recommendations are. from experience and other cases I read, the court will just go with all the recommendations of the S7 report. I was told by the court to prepare a written response to the S7 report recommendations. ex had to do same. thats where you will agree or disagree with stuff in the report. theres no use arguing with the cafcass officer now. they will just tell you to voice your disagreements at the next hearing. during my S7 interview, i asked for midweek overnights with kids. but cafcass officer didnt recommend it in the report. so in end i didnt get overnights, just mid week contact of few hours in that regard.

if you and your ex agree to your own terms, that would make life a lot easier. my ex disagreed with practically everything in the S7 report lol. as she was hoping i get no overnight contact with kids.

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Filling out C100 application 1 month 4 days ago #101648

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Thanks Bill337 for your advice.

At any point did you have legal representation, I am confident talking in court, but the legalities surrounding on what I can ask for, such as indirect contact, supervised contact, unsupervised contact with a family member. Or if Cafcass say no contact really means no contact in any shape or form.

Do you know at any point before we walk into court will the Cafcass officer ask my ex, can you work something out??

Again thanks for your help.

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Filling out C100 application 1 month 4 days ago #101652

hi,

i had 3 hearings and had barrister for every hearing.costly but it took away a lot of stress and admin work away from me. cafcass was present in my 1st and 3rd hearing. had she been present at 2nd, i reckon it would have ended there. see if you can get in touch with cafcass and court, and ask can cafcass report writer be present at the next hearing. on the day of hearing cafcass do usually speak to both you and ex, to help come to agreements.

but you state that cafcass told you they will be recommending no contact. sounds tricky. i would recommend you hire a barrister for your hearings going forward. some have good experience in challenging cafcass recommendations and convincing courts to go against it.

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Filling out C100 application 1 month 4 days ago #101655

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Thanks Bill337,

It does sound tricky, I've read many articles and spoken to people, going with and
Without legal representation.

Thanks for the reply back will keep you updated as I am about to receive the full report shortly and then go to the second hearing.

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Filling out C100 application 1 month 4 days ago #101662

  • Yoda
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Have you had your fact finding hearing yet?

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