I am the father of a 6 year old. Spli from partner April 2017. Child Arrangements Order issued October 2017.
Order breached from Jan 2018, mother stopping me see child. Applied in May 2018 for Enforcement Order, but only got Child Arrangements Order tightened eventually in April 2019.
Mother breaching Order again. She saw lockdown as an excuse, but reading up on this site, I took her behaviour on the chin. However, during school holidays, I had child for first 2 weeks, before returning to mother. Mother then stopped child having further planned week later in August. The contact during the week was also stopped. However I have had child this weekend, and due to have overnight Wed and Thur, but will see.
I spoke to a solicitor last week and, they recommended I apply for a C100 to vary the order instead of an Enforcement Order. They also insisted I complete the C1A form with my Welfare concerns. They said I should be ok as I had applied and represented myself previously during application for Enforcement Order. Obviously they are in the wings to help, but at a serious cost.
I have clicked on the government site to complete the form and have the following questions:
1. Do I have to go through the motions of a MIAM (again) when it is clear partner is in breach of the Order?
2. What boxes should be ticked to vary the Order on the C100 form? The government site does not explain clearly how to complete the form, when a Variation of the Order is required.
3. Solicitor also mentioned requesting a DS report or something (I'm terrible at taking notes and remembering things. I believe it may be something to do with Mothers Medical record/Condition. I know she's on anti-depressants etc. What is the correct terminology?
4. Solicitor also suggested I apply for a Court Guardian too be appointed. What is the correct terminology, and way to request this? Ex-partner gets child to lie for her. Lied during enforcement application, yet the accusation was never questioned as to where/when etc. which delayed process. Plus first CAFCASS officer was terrible. Fortunately she went on maternity, and was replaced by another. She saw mothers lies straight away. Witnessed contact with child and all sorted. I had to bite lip and put up with nearly a year of lies. Ex partner will stop at nothing. and is staging acts for child to carry out and records them.
If you require further information that may affect your advice, please let me know. Your advice is invaluable. Thank you.
1. if your applying to vary the order, then you have to sit a MIAM. If you do enforcement then mediation is not needed.
2. if you want to vary order, when you complete c100 form online, tick box to apply for child arrangement order. there should be a box also where it says specify nature of order you are seeking. there you can write you are applying to vary existing order and note down court order/case reference.
theres also section about why you are making this application. state same reason that you are applying to vary existing order. also give court order details in section: 7. Other court cases which concern the child(ren) listed in Section 1
3. not sure about this one. maybe you can check again with solicitor about what is needed.
4. in c100 you can request that a guardian be appointed for child and give reasons why this is needed. you can add that in the section about nature of order your seeking, and why you are making this application