TOPIC: C63, C100, and Non-Mol

C63, C100, and Non-Mol 2 months 2 days ago #106941

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Hello,

I am new to the forum.

I have ? children but not on the birth certificate of any. I haven't met the youngest (have asked for photos and even being denied this.) We had an unstable relationship and it was on/off, but I always wanted to see the children, always got birthday gifts. I split with my ex when she was pregnant with the last, and we both met new partners. At first she allowed me to visit the kids on weekends but this soon broke down and I haven't seen them for 2 years. I have tried to adhere to her rules.

Going into lockdown, she stopped replying, I grew worried and went round (my current partner filmed it all). This ended in her threatening to call the police.

A few days later I receive a non-mol order, which is full of false allegations that I can contradict (I have text messages/ video to prove many of her stories are false.) I just want to see my children again.

So I have just sent off my response with accompanying evidence to the family courts. I then also sent the c63/c100 off to apply for parentage and get some child arrangement if all works out. I am now exempt from the mediator stage because of the Order. I am waiting for the court to call me for payment.

Has anyone been through something similar? Were you successful? I am in my thirties now but before I met my ex I had a criminal record (over 10 years ago now but still worried it could be an issue)

Could anyone confirm whether the c63 and c100 cost £215? I was told this but I'm worried the c63 might be an extra cost?

I did not attach the birth certificates to the c63 as I do not have access to them.

My ex is legally represented. I assume with legal aid, but her lawyers don't seem great.

What happens next? It is June now and my non-mol hearing is scheduled for August. Would the application hearings be held off until after then or perhaps considered jointly?

I am not asking for even half custody.I am hoping to be granted Saturdays or Sundays and be allowed to take them out and spend time with my side of the family. Anything is better than nothing but it would be nice to distance from my ex and be able to take the children out.

Please let me know if you have been through similar and what the outcome was, and if you can answer my questions?!

Thanks

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C63, C100, and Non-Mol 2 months 2 days ago #106947

It's likely the whole lot will be considered jointly if the court clerks of your place are any competent.

A criminal conviction of over 10 years ago - probably inconsequential provided it's not something serious. Especially so if your ex was perfectly happy to be knocked up 5 times by you since. Just be upfront about it to SWs/the courts.

It's important for you to have a good plan for how the contact will take place - now that's in the hands of the court, you really shouldn't worry what she might think of you taking them to the park or whatever.

Have a clear plan - so you'd like to have them, say, 2 nights a fortnight, and one night in between, some time for holidays. Whatever. It should be clear, purposeful and concise.

Needless to say, do not contact the ex.

With the youngest, yes, you might have to gradually increase contact. Show willingness to do this.
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C63, C100, and Non-Mol 2 months 2 days ago #106948

hi,

there will likely be a separate charge for form c63. you can call your local court and ask. its possible you may not need to file this form if you and your ex do not dispute parentage.
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C63, C100, and Non-Mol 2 months 2 days ago #106950

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Thank-you for your replies.

Good to know it could all be considered together. Any idea of time scale when I would know? I read in some threads it is around 10 days when they give you a date and the date is 4-6 weeks after that (though hopefully everything can be considered altogether in August.)
Any chance they would change the non-mol hearing date? Just because I'm aware I have to serve my response on the ex's solicitors 2 days before that.

I will prepare a plan. The non-mol hearing is a paper hearing. I've submitted my response and evidence. Would the applications be a paper hearing as well?

I hope there is no extra charge for the c63! I shall see what the court says. In her witness statement she repeatedly calls me the father of the children. With the youngest I have texts where she says I am and texts where she says I am not the father. I am certain I am their father but whether my ex would agree to this, I don't know. I don't know whether her stating I am in her witness statement is enough?

Thanks in advance if you can help me.

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C63, C100, and Non-Mol 2 months 2 days ago #106951

hi,

are you paying child maintenance for the kids? i imagine if shes saying your not the father, then easy life for you lol.

i don't know about non-mol but generally the c100 hearing can last 4-6 months, some longer. depends on each case. non-mol could be a problem, as i heard some dads could not see kids for 6 months because of the non mol.

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C63, C100, and Non-Mol 2 months 2 days ago #106952

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No, I am not paying maintenance at the moment. Have sent money/birthday presents/cards in the past.

I am working full time, on a low income but happy to pay maintenance. Not being on the birth certificates is the problem- hoping I will get granted PR/ dna tests. The ex has not worked for over 10 years. She has 7 kids (her 2 eldest are not mine.)

Hopefully it does not go on for that long but it would be good to get things started. I think I have good defences to the non-mol so hoping that can be cancelled- not sure how often they are cancelled? I have no desire to go to her property or contact her other than to see the kids. Hoping court could suggest contact centre or other ways- happy with anything though to be honest.

Thanks

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C63, C100, and Non-Mol 2 months 2 days ago #106954

As the others have said. first thing is to not contact your ex or anyone connected to her. Just remain child focused.

When you go for your non-mol hearing, her solicitor will obviously try as hard as they can to get it pinned on you. If you contest it and she is proven to be lying, then great.

try and discuss a phased introduction to your children, maybe a supervised visit at your ex's parents or even a contact centre. You will then be able to provide contact centre notes at the child arrangement hearing which will show how the children reacted to seeing you, how you were with them etc. It can work well in your favour. Try and push for as much contact as possible until the child arrangement hearing begins.
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C63, C100, and Non-Mol 2 months 1 day ago #106963

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You can write to the court requesting that all the matters are combined in to one set of proceedings.

If the August hearing is to be a paper one, perhaps you can politely request that the hearing is listed in person or becomes an online one at the very least.

There are no guarantees the court will go along with that request, but if you don't ask, you don't get. Anything you send to court you need to send a copy to your ex's solicitor.

As has been said, don't contact the ex and be prepared for a slow process.

Best of luck
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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.

C63, C100, and Non-Mol 2 months 1 day ago #106980

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Thanks for the replies.

I am going to send my response to her solicitor's at least 2 days before, as the Order states.

However, I don't have to send the applications do I? I thought the court did this. Her solicitors obviously aren't acting for her yet on the applications as they aren't aware of them yet, so the court has my ex's address.



Just going to wait and see what date I get... hopefully it won't be too long before I hear. Court haven't called for payment yet.

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C63, C100, and Non-Mol 2 months 1 day ago #106988

rhys88 wrote: Thanks for the replies.

I am going to send my response to her solicitor's at least 2 days before, as the Order states.

However, I don't have to send the applications do I? I thought the court did this. Her solicitors obviously aren't acting for her yet on the applications as they aren't aware of them yet, so the court has my ex's address.



Just going to wait and see what date I get... hopefully it won't be too long before I hear. Court haven't called for payment yet.


if you sent off c100 and other docs to court, they will take care of it. you don't send these to your ex. maybe quivker if you ring the court and ask to make payment.
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C63, C100, and Non-Mol 2 months 1 day ago #107017

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No, you don't send copies of the applications. The court does that.

Any other correspondence you send to court must be copied to the other side though and vice versa.
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C63, C100, and Non-Mol 2 months 1 day ago #107026

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thanks for the replies.

I called the court today to check they had received my response to the non-mol (sent by email Monday.) They said not yet but processing can take 10 working days.

But now I'm thinking surely it would be in their inbox and they could tell me this? I'm worried it was too large and it didn't send.

They told me to call again end of the week so I'm going to do that and ask again. Anyone know if this is normal? I think it's strange they said they hadn't got it yet when an email takes seconds to deliver...

Did not receive auto-reply for this email or the applications email (which was a smaller file.)

I know I need to call again and find out really so I'll do that Friday.

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