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Quick background.....5 years ago childrens services intervened and I was given my son (then 7months) and his sister ( then 2 and a half). Over the first 2 years their mother slowly increased her contact to eventually having them at weekends. After the summer holidays this year I agreed to her proposal for her to have them from sunday to Wednesday, meaning I get to spend some quality weekend time and still be proactive in their education. Due to still having concerns over her capability as a parent this agreement was a little double edged, in that she would actually spend less time with them.
Every 6 months or so she makes a lot of noise, claiming the children should be with her, resulting last years in her filing a c100 form to the courts( which took me by surprise) which was dismissed as she had not tried mediation first.
Now, a year on we have finally made it to a mediation session. She turned up half hour late and 40 minutes into the session began verbally threatening and became very animate, standing and coming at me whilst shouting abuse.
I have always had concerns regarding her volatile nature especially around the children and as she has started telling the children that they should live with her, I rang childrens services to relay my concerns.
They have now told me they are going to speak to her about this.
I have been put in a position now that I will be seeking legal advice with the intention of varying the residency order to protect the children from this influence, however, do not want to cut her out of their lives as I feel it's important to have both parents in a chlds life. Maybe an initial supervised contact agreement until she can prove her capability to parent.
Our communication, due to mediation is now non existent and this is where my problem lies. I would have thought she would be, again, filing a c100 form and I am aware that I will need to do so to vary the residency. If 2 c100 forms are filed at court does this have any implications and as I gave up work to raise the children is there any way to file this form without having to find £200.
Any advice would be greatly received.
Each party can file but if that happens the two cases are usually merged. Whoever files fIrst becomes the applicant and the other party the respondent, but there are no other implications.
As far as court costs are concerned, if you are unemployed then you will be entitled to an exemption from the charges. You can claim this with form EX160a.
- Samaritans – call 116 123
- Shout – text the word ‘Shout’ to 85258
