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Hi all,
Well my partner has had his c100s & c1s stamped this week and received them back at the weekend. Today they'll be posted to the children's Mother. He has a date for the directions hearing later next month.
We've been reading up on the next step of the process and have read on the FNF site this:
"If you propose to argue for interim contact at the directions hearing it is best to warn both the court and the opposing solicitor. If you do not warn the court you may experience hostility or simple rejection of your request. The court will not have allocated time for the taking of oral evidence under oath."
Does anyone have any experience of warning the court/respondent of this beforehand. As we haven't served the papers yet (today is the 1st possible day to do it via post) we were considering typing something up and sending it with the notice and with the c9 (statement of service) back to the court today.
Thanks in advance
I think that's a good idea, enclose a brief letter stating that you will be asking for interim contact at the directions hearing and send a copy to the mother. 🙂
Yes do write a letter to the Court and copy mother or her solicitors in, unless you asked for Interim Contact Order on the C100 as well as a Contact Order. 🙂
Whenever I have applied for a Residence and/or Contact, I have always applied for "Interim Residence and/or Contact and Residence and/or Contact Order" . Obviously if its just contact, you leave it as interim contact and contact order.
We've got together a rough draft if anyone would be kind enough to have a glance over it for us? Thanks
Case No Reference: xxxxxxxxxxxxxxx
Children: xxxxxxxxxxxxxxxxxxxxxxxxx
Dear Sir/Madam,
I am today contacting you regarding my recent application to the court for which a date of xxxxx 2013 has been set for a Directions Appointment. I would like to give you notice that at this appointment it is my intention to request interim contact to take place between our children and I. My reason for this request is that since direct contact with our children was stopped I have been allowed limited indirect contact with our children where they have indicated that they would like direct contact to be resumed or have said that they miss me. The last day that direct contact between our children and I took place was xxxxxx 2013, prior to this our children’s routine included weekly staying contact with me which has been the norm for the last 8 years. I believe that our children have already had this routine disrupted and that it would be beneficial to our children to recommence some degree of direct contact with me as soon as possible. I am aware that it could take a considerable length of time for this case to be concluded and think that recommencing direct contact may help to minimize any further disruption and distress to our children.
Yours sincerely
xxxxxxxxxxxxxxx
cc: respondent name & address details
I'd address it to the Clerk to the Court.
I wouldn't give as much detail about the reason behind the request for interim contact....just keep it brief and to the point.
Something like...with reference to case number xxxxxxx. Having omitted to make a request on the C100 form for interim contact to be addressed at the first hearing, I am writing to ask that this be noted by the court and allowance be made for this to be discussed and decided upon during the directions appointment, which is scheduled for xxxxxxxx 2013 at xxxxxx. I shall send a copy of this request to the respondent, or respondents solicitor, whichever applies.
Thanks Jane,
We didn't now whether to add reasons or to keep to the point so your opinion is helpful. I guess it could be seen as trying to submit evidence before it's due. Will change it now. Then off to bed 🙂
Yes I agree with NJ, but in the last sentence I would state "I confirm I have sent a copy of this letter to the Respondent and/or her solicitors". Send it with proof of postage.
I should think knowing JayneMax, that the letters have been sent this morning first thing!
Well done JayneMax and partner...the forms are in and all the hard work and research you've put in will I hope bear fruit! :cheer:
Thank you both for the replies.
Everything was posted to her yesterday 1st class recorded 🙂
The C9 acknowledgement of service was posted 1st class & we got a certificate of posting. On the C9 where it asks what was posted we put all of the usual forms & mentioned the copy of the interim contact letter. We also included a photocopy of the proof of posting of the forms.
Everything should be received today.
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