c100 process query
So I’m a recently separated Dad who has filed a c100 form to see my children as their mother has refused contact.
She has a Non-Mol against me due to false allegations of DV and has had me arrested on other false allegations.
Now just before the Non-Mol she landed my very young son in hospital for four days with severe sunburn on his face. Once the social got involved I told them my concerns as she has had two children removed earlier due to neglect.
But these concerns were blatantly ignored by social and they ended up siding with my ex and ruling it as an accident.
Will the Non-Mol and arrests stand against me? Nothing has been proven it is all her word against mine.
I am worried as it has been 3 months since I have seen my children and I am concerned for their welfare and cannot check on them or contact them and all I want is to be a father to my children.
have you breached the non-mol? generally non-mols make things very difficult in terms of getting child contact, and often used for other parent to be granted legal aid (free lawyer).
how long ago did you file c100 and have you heard anything from court?
@bill337 I haven’t breached the non-mol, she obtained it without any evidence and I only accepted as it didn’t involve the children & it meant she couldn’t contact me either.
I applied a little under 4 weeks ago and the only thing I’ve heard is that it couldn’t be without notice, apart from that it’s been absolute silence
The court only restrict contact if either parent pose a direct danger to the children. Issues between parents are separate and addressed in non-molestation proceedings. E.g your ex could verbally abuse or slap you but the court won’t restrict her contact with the children as she’s not a threat to them.
Domestic abuse allegations by either parent appear in more than 40% of court proceedings. Don’t worry about them unless they are relevant to the children or are supported by evidence.
Family courts are under pressure from submitting a c100 application to receiving a hearing notice, could be a 1-5 month wait depending on county.
Be prepared to have to see the children supervised in a contact centre at the beginning. Try to have this time limited and moving to unsupervised contact without having to go back to court although that may be tricky