TOPIC: Access to my children

Access to my children 6 months 1 week ago #108026

Hello.

I've just spoken to a mediator over the phone who said that if I don't know where my ex is, then just do the C100.

The mediator said there's little point in her getting involved and that she didn't need to sign the C100. She told me this over phone and didn't charge me for her advice.

So, I guess I'll do that and see what happens.

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Access to my children 6 months 1 week ago #108041

hi,

thats good. check if you can apply for c100 online here:

apply-to-court-about-child-arrangements....tm_source=formfinder

what mediator told you sounds right:

YOU DON’T KNOW WHERE THE OTHER PARTY LIVES

If you don’t know where they live and have taken reasonable steps to find out, it will not be possible to invite them to mediation, so you do not need to attend a MIAM.

www.mediateuk.co.uk/15-exemptions-to-attending-a-miam/

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Disclaimer: I am not a lawyer or trained professional. I am not in a position to give legal advice. Please consult a qualified professional for legal advice.

Access to my children 6 months 1 week ago #108073

Ok, as lovely as this mediator is, I don't think she actually knows what she's talking about.

On the C100 it says I cannot make the application at all until I have attended a MIAM.

:dry:

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Access to my children 6 months 1 week ago #108078

hi,

ring up mediateuk. they should be able to advise you better.

www.mediateuk.co.uk/

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Disclaimer: I am not a lawyer or trained professional. I am not in a position to give legal advice. Please consult a qualified professional for legal advice.
Last Edit: by Bill337.

Access to my children 6 months 1 week ago #108139

Thanks Bill, I'll give them a go.

The mediator I spoke with has since asked me if I'd like to book a mediation with her after I told her that the C100 says that indeed she does need to sign something to say that mediation is exempt.

She insisted that there's nowhere for her to say there are exemptions, when the document clearly does. It says I can't submit the form until a mediator confirms the exemptions.

She doesn't know what she's doing, so I won't be going with her. And I found her on the mediation council website!

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Access to my children 6 months 1 week ago #108142

lol ignore that mediator. on c100 form theres like 2 pages about MIAM and exemptions. after sitting MIAM, mediator ticks some of the boxes there and signs page. that gives you permission needed to apply to court.

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Disclaimer: I am not a lawyer or trained professional. I am not in a position to give legal advice. Please consult a qualified professional for legal advice.

Access to my children 6 months 3 days ago #108352

Hi Bill, I used a medator from Mediate UK, had a meeting yesterday and have the relevent page of the C100 signed.

I could fill out the C100 online, but I looks like that if I don't know the whereabouts of my children, then I need to fill out form C4?

Also, this may sound like a daft question, but how do I know which court to apply to?

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Access to my children 6 months 3 days ago #108355

hi earl,

do you know your ex' family home address. does she frequent her parents home? if so, i would just put that address down on the form. to be on safe side you can also fill out that C4 form.

when you do the c100 form online, after you submit it, court will ring you back after few days, asking for payment (£215). pretty backwards. i just went to my local central family court and paid in person.

you can look up your local court in this tracker, also tells you whether court is open or not:

www.gov.uk/guidance/courts-and-tribunals...coronavirus-outbreak

after you submit the form and made the payment, court will write back to you with a date for the hearing, and will give you address of family court that's dealing with your case.

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Disclaimer: I am not a lawyer or trained professional. I am not in a position to give legal advice. Please consult a qualified professional for legal advice.

Access to my children 6 months 3 days ago #108369

I'm not so sure it's a good idea I use her mothers address, I'd rather keep them out of it as much as I can.

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Access to my children 6 months 3 days ago #108372

It looks as though I can make the paper application though and take it to a court.

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Access to my children 6 months 2 days ago #108389

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Hi there

If you don't know the whereabouts, send the forms to your local court. If memory serves correctly, you can put any addresses you had / have on the C4 and the court will do the rest. Once the court have located her, if she's living out of your area, it's very likely the proceedings will be transferred to the court closest to where the children are living.

You will need to send 3 copies of each form to the court and keep a copy of each form for yourself.

You can self rep very easily for a first hearing, If matters become complex and you want to pay for legal assistance, save that for a final or contested hearing.

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.

Access to my children 6 months 2 days ago #108395

I'm filling in the C100. I'm not doing the C4 at the moment as the paper application doesn't say I need to. It's only the online route which says that I do.

So on the C100, I've ticked address not known and it the form doesn't suggest I need to do anything else at this stage.

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