I've gone through mediation, my ex wife refused to attend and have a MIAM form.
I am drafting out the C100 form but am struggling with 5b, reasons for making the application.
In a nutshell my time with my children has been reduced by my ex wife from 50/50 two years ago, reducing the time, taking days off me, now she claims I am a physical and mental safety risk to my children.
How much detail should i include in the reasons.
I planned to bullet point what the arrangements used to be, how they have reduced and why and what I am my children were asking for.
My ex has been very controlling in the time I had with my children and I went along with her suggestions on Rota as she said the kids were upset and unsettled. There unsettledness increased as their time with me was reduced. Do I include this too or save this for further into the court process and carcass?
Bit confused what to include at the moment. Any help would be appreciated.
Keep it brief... for example -
After we split, we agreed a 50/50 shared care arrangement, which worked well for the children. Over the past 2 years xxxx has reduced our time together and tries to control what we do together. If the children are unsettled it’s more likely to be because they miss their time with me, we are very close and all the chopping and changing isn’t in their best interests.
I would leave mentioning her allegations, leave that to her. You will be given an opportunity to put your side across as the case progresses.
If you wanted to, you could prepare a brief, two page position statement to take with you to the hearing, have copies for the other party, cafcass and your own records. This would be in bullet point format, as you mentioned, and should include a little background and what you would like the court to do.
All the best
hi there,
if you are struggling with the c100 form, please contact the personal support unit
https://www.thepsu.org/
they can arrange appointment with you and help fill in the form.
Thank you guys. I'll look again at my form and visit the PSU.
Hopefully I'll get the bits in that I need to.
You’re welcome... any further questions, please just ask. All the best
Hi. Do I need to do a position statement with my C100 form or does that come later?
E.g. setting out where we are at the moment, the details behind what I feel is best for my children and why? I have done examples of these.
The position statement comes later, after you have a court date scheduled.
Do not submit a position statement together with the C100, because the other party would get a copy of it. You are still at least 6 weeks away from court, no need to let them know your arguments just yet.
It’s perfectly acceptable to take a brief 2-3 page position statement to the hearing with you. You can’t attach any evidence to this type of statement, but you can mention any evidence that you have and ask for permission to file it, or just state in your statement what your evidence is and that you have it with you, if the court wishes to see it.
I’ll link you to some further information and a template.
All the best
Here's those links to info about how to structure statements and also a template that you can use.
www.thecustodyminefield.com/flapp/positionstatements.html
Template -
www.thecustodyminefield.com/flapp/statement.html
A good website with info in plain english, some court videos to watch too.
www.mfjc.co.uk