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Could this court application be used by the parent that already has the Residence Order, to change the existing contact agreement for the other parent?
For example to change the times and days of contact previously agreed because of a change of school, rendering the existing contact un workable.
Hi NannyJane
Sorry this post is probably a bit late now - have you hade the answer from your son's solicitor?
Hi actd
As I said on the other thread, the solicitor cancelled and the appointment is rearranged for Thursday....So, any advice appreciated! I mentioned the possibility of using the C100 route to my son, it would be good to know one way or the other if we can use this as a way ahead...
I had to pay £500 for my son to be represented in court initially because things happened so quickly at the first hearing....After kicking A out and telling us she couldnt cope and didnt want him anymore, she changed her mind and when we wouldnt give him back, first she sent the police around but they were favourable towards us as they had knowledge of her "lifestyle", she then tried to get a residence order without my sons knowledge but the judge smelt a rat and insisted that my son be served with a summons so that he could get both sides....Thank goodness! But the first hearing was just one day after the summons was served and the solicitor wanted payment upfront. My son got legal aid after that but the £500 couldnt be claimed back. It doesnt matter to me, I havent got a lot but I would gladly give it all to protect our little boy! I'd gladly pay the £200 if it meant we could get this sorted quickly.
I'm not up to date with the latest proceedings (when I got residence, the form was a C1!) - have you read yoji's guide to representing yourself at the top of the legal eagle? That may help - also, I think if he is able to claim legal aid, then there may be a reduced fee for the c100 also - ask the court about this.
He gets legal aid...the £500 payment was just for the solicitor to attend court at the very start of all this, before he appli..Ied for legal aid.
I'll get him to call the court tomorrow about the C100...
I'll take a look at yojis guide...My son is a mature student at University and doing an English degree so I would think he's well able to represent himself....His solicitor was less than helpful on Friday when he called her, he almost lost his temper with her but held it down! She doesn't have any kids and just didnt get the urgency!
Thanks
In which case, he could consider forgetting the solicitor and doing it himself (in which case we can call on the CCLC for advice) or coming to a deal with the solicitor where she helps with the paperwork and legal advice, and your son does the court appearances and as much of the work as he's comfortable with - he may enjoy the challenge and after his English degree, he could do a PgDip Law to convert and go on to help other parents, but with more commitment than his solicitor is showing 🙂
A quick update....
My son has sacked his solicitor, he turned up with his latest bank statement on the day of the appointment, as requested and was told that the statement had to be right up to the day of the appointment. This wasnt stated when he made the appontment! The solicitor refused to see him unless he paid £200. Suffice to say, he left without seeing her!
He has decided to go to mediation first to see if he and A's mum can reach an agreement on changes to the contact. If this doesnt work then it's back to court.
He liked your idea of doing a PgDip Law actd...watch this space!
Well, if it ends back up in court, we can now call on the CCLC for advice. Hope the mediation goes well though.
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