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Just handed in c100 form to courts for contact.

  • Lovemychild
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13 Jul 12 #342974 by Lovemychild
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Hello sorry if this is long winded but I''m am new to all of this but my husband has just handed in the c100 forms for a contact order for his daughter,my husband attended 2 mediation sessions in Dec after his ex put our contact with his daughter (who i will refer to as B)down to 1 night as she said after 4 months of us having her 3 nights a week she said that B was getting too "confused" but ironically we had only been in touch with the csa 3 days before hand to inform them that there had Been changes in circumstances and that we were having his daughter overnight more regular,then we get told of his ex (obviously after the csa had been in touch with her to confirm the changes) that she just wanted us to have B 1 night a week, So thats why my husband had enough and went to mediation him & his ex came to a agreement in which we had contact with B overnight alot more much to her disappointment as she didn''t want what they agreed to at first and put up quite a fight for every possible excuse going notto allow us her any extra,but the mediator just questioned her to why the child''s father could not still have her even if she has activities on a weekend etc. the mediator said what is stopping her father from taking her? Which furiated his ex as these were the silly excuses she had been clinging onto to stop us having B any extra.His ex basically went to mediation just to try & slate my husband but every time she tried to have a dig or call him the mediator just kept repeating "that''s irrelevant" which was making his ex even more angry.
After the agreed arrangement through mediation his ex has constantly just used us as her personal babysitters she has not stuck to the agreed routine at all has changed nearly every date that was agreed for B to be in our care for her to be in hers and the dates we have been allowed his daughter in our care has been all to her convenience and the apparent swaps have not been fair some how she has benefitted 6 extra weekends from our agreed time.We have went along with all of this for 7 months if we don''t she knows mediation is not law abiding and threatens restricting our contact if we do not abide by her controlling commands.The whole point of going to mediation was so we could have a set stable routine for B & for my son (who lives with us)As he was getting confused & he needs routine as well and for us.
Basically we have told her we no longer are going to abide by her terms & conditions (her attitude is we should take what we can get-basically what she offers us, but my husband didn''t attend & pay and agree to a set routine in mediation for her to still have that attitude) and we just want to stick to the agreed mediation dates as every week we are confused to weather we have B in our care or not which always end in constant texts arguments between my husband and his ex it like she does it for this attention.
We feel the only way we can take the control out of her hands is by going to court and letting them decide & hopefully we will come out with a set routine, So his ex can no longer dictate times & dates to her personal schedule & needs anymore.(we never minded exchanging certain dates etc if they his ex had plans with B etc. but not so we were looseing out on lots of nights with B)they said we will receive a date within 6 weeks but how do we apply for me to be a layperson? my husband is self representing himself, he is a extremely calm person & doesn''t care 1 bit about her or what she says or thinks about him etc. we just want a stable routine for B & for us not to be treat just as her personal babysitters anymore.

  • Fiona
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13 Jul 12 #343021 by Fiona
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There is no "we" as far as the court is concerned. New spouses aren''t normally subject to any stipulations, court orders or sanctions.

You would need to send a short CV to the court if you wish to be a lay assistant. However, a new partner/spouse (or indeed anyone else) can be refused if in the opinion of the judge it would impede on the administration of justice. I think the Family Division Presidents Guidance; McKenzie Friends is available on this site. If not try the Ministry of Justice site. Just make sure it''s the latest version from 2010.

  • ClimbMountains
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11 Aug 12 #348840 by ClimbMountains
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it could be a bad idea for you to get involved in/at court. your ex can represent himself and he is the parent. You could get a McKenzie friend to help you.

Have you made a court application? Was the agreed reached at mediation clearly documented? Are you happy with the agreed/mediated arrangements? If so just ask the court to make an order based on the agreed arrangements.

Keep records of everything. keep all messages, texts, emails.... and keep a note of every time ex asks you to be babysitters...

  • Lovemychild
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11 Aug 12 #348882 by Lovemychild
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Thank you so much for your reply to my questions, this is great information & advice. Yes my husband is just going to represent himself & they have only give him a 30 minute time slot so I''m sure he will be fine by himself. Yes we made the court application and within a week got a court date for exactly 6 weeks later. Yes the mediation have said everything would be kept on file what was agreed by both parents in the mediation seesions in case it needed to be referred back to in future and we Recieved copy''s of the summarys of what was agreed at mediation.We are more then happy with what was agreed we just want her to stick to it instead of just dictating and threatening us all the time until we abide by her demands that''s not what my husband payed over £300 to attend mediation for - just for us to have to abide by her babysitting personal scedule. We just want a stable routine & if changes need to be made due to various circumstances we get adequate notice so we can compromise on swaps of dates etc... We have not seen my husbands daughter for over 5 weeks ( when she heard my husband was seeking the courts help) but we Recieved a text after every week of asking if we could have contact with his daughter any time through the school hols that his ex will allow us to have his daughter next tues 8.30 till 5pm only ironically the day she works 9-5pm another example of us just being a conveiniance to her babysitting scedule! but thank yes we will keep all the evidence of her telling us to be her babysitter her attitude is "we should take what we can get". We are waiting for the Cafcass phone call and that''s what we will be asking for the court to make an order based on the agreed arrangements fingers crossed it all goes well. Thank you again

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06 Nov 12 #364981 by NoiseGray
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Can you please advise who I make the cheque payable to when sending the c100 forms in x x

  • fedup!!
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06 Nov 12 #364982 by fedup!!
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Make it payable to HMCS!! x

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06 Nov 12 #364983 by Lovemychild
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Good luck we are still going through it all!!!

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