I have met criteria and completed a course where after the judge in the last court hearing said myself and other party are to enter into mediation to increase contact hours . This was agreed by both parties . However the other party is unwilling to mediate and I am in the process of filling in a c100 . On the questions around abuse of either our child or myself , there has been in the past. They are aware of past abuse in previous c100 and court orders . Do I write yes and give a really brief summary. I don't want to drag up past stuff but don't think I should write no . What are peoples thoughts please.
My feeling is that you should write yes and say 'see previous court hearing reference xxx'.
Hi,
I would suggest you don't make abuse allegations. You just want court to know that you tried mediation as they ordered, and it has failed.
@bill337 I don't want to make any new allegations but the form asks if there has been any form of abuse what date it started / finished etc . Due to back history and grandmother now having lives with order and a sec 7 report including the abuse will they not think it strange that I put no . They ask for case ref numbers of previous hearings . I feel I could put yes , but dealt with in previous hearings and no longer believe the child is at risk .
@michno8 you can enter the case number of previous hearing. Form basically assumes its your first c100 and wanting to know if there is any abuse currently/new allegations. You can tick NO.
- @bill337 The case has been referred to a gatekeeping hearing with a district judge .we are not to attend. Cafcass have been asked to do a report. I have complied and done everything that I should have since the last court case where the courts had said we should enter mediation to agree more hoursand be kess restrictive. The last report the other party made was full of absolute untruths regarding how contact had gone . They said I didn't always turn up, I haven't missed a contact in 3 years. They said I was drinking alcohol during contact. I would never . They said I turned up late. Not once have I been late. They said I had no money sometimes. I always have plenty. They said I have brought other family members with me when I never have and they said my son has no emotional connection, no kisses, cuddles or affection etc . He runs into my arms when he sees me cuddling me and on leaving its an awful upsetting experience with him screaming and crying clinging onto my leg saying he doesn't want to leave me. The worst thing is it was all written down n her diary. I couldn't believe what was written and asked if we could do a parenting app so everything was transparent. Social services agreed that it was a good idea but the other party refused . What can I do if they say the same again this time. How can i prove non of it is true .
@michno8 hi. suggest you wait to hear from cafcass, look at these tips: http://www.thecustodyminefield.com/flapp/tipsmeetingcafcass.html
also suggest you complete a parenting plan. even if other parent refuses to engage with it, will show your the responsible and reasonable parent. see: https://www.planningtogether.cafcass.gov.uk/plan
I received my call and to be fair it absolutely threw me . The same was said , child has no connection , doesn't speak to me , I drink alcohol on contact . I can't wait for my 2 hours to be up so I can go and I bring people with me that i shouldn't and I harrass and bombard her with messages . I'm devastated the cafcass officer really was not very nice to me at all . How can I disprove these false tales. Should I mention that in the 3 years that I have had supervised contact if I was breaching and my son wasn't connecting why hasn't she ceased contact, then stopped contact and told social services . The only time this gets mentioned is when I put in to vary the hours . Why did she refuse to do a parenting app . Because everything would be transparent on how contact has gone . I've still done it on my own , so its like a diary . I feel I don't want her to supervise any more . I pay for her , buy her coffee and sandwiches etc . What is her role supposed to be as a superviser ? She always says , ' come and sit next to me ' ' do you want to play with my phone ' ' Are you tired ? Do you want to go home ' ' come and hold my hand ' . Should this be mentioned somewhere down the line at court. Any advice please
hi,
at next hearing where they ask you to attend, you can prepare a position statement that sets out the issues and what proposals you have for child arrangements.
@bill337 it's worse than expected. Cafcass have asked for it to be thrown out as it has no merit and asked for a 3 year barring order . They have said that this is the 4th court application this year. It is the only cao but i did put in to enforce an undertakings that she had breached back in march . I did make a mistake and apply to the wrong court and cancelled that after being told at the first hearing . ( mother didn't attend anyway ) . Neither did she attend the breach but sent her representative. What if anything can I do if it gets thrown out without any hearings . It gies to a gatekeeping hearing in January.
@michno8 hi, yes 4 applications in a year is very excessive. If they put barring order in place for 3 years, this does not stop you from making another application in that time period, but you will need to seek permission from judge first and show that there has been significant change of circumstances.
to add, suggest you give explanations as to why each application was made and the necessity, and hopefully it gets dismissed.