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help filling in c79

  • sleepybird
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12 Sep 12 #355519 by sleepybird
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We have just filled in the C79 enforcement application and just wondered if anyone knows if the judge is given all the correspondance along with the application.

We have written my partners version of events which is two pages long as he feels that everything relevant has to be included and we have attached emails highlighting points where ex is saying that she thinks son should make his own decisions on contact and that she will not allow extra time unless son calls her and requests it etc.

Just wondered if were sending too much with the application and should we just give all of this in to the usher on the day to give to the judge.

We are just concious that CAFCASS gets a copy of the application and want them to get the full picture of whats been happening.

any advice welcome

thanks

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12 Sep 12 #355530 by zonked
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My advice is to keep the issues as narrow as possible.

You have court ordered contact that has not gone ahead, specify the dates.

This has meant that the child has not had contact with his father for an x week gap.

You wish contact to be re-established as quickly as possible for the child''s benefit.

Sadly, the mother has felt unable to give a commitment to do so, you therefore have no option available but to seek enforcement of the order.

You wish to emphasise that your hope is that on reflection the mother will change her position and allow contact to continue.
Do not use emotive language. Keep things factual and neutral. The tone you want to set is one of sadness for the child. The more you expand the issues the more scope you give the ex to take issue and fight back. Keep it narrow and child focussed.
Do not try and prove your case in one hit. Mum will state her position and the judge may well order exchange of statements. At this point you would refer/produce emails etc.
My advice is to complete the C79 form. Use calm measured tones. Do not include anything else.

Prior to the court date, perhaps use a position statement to set out what has happened.

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12 Sep 12 #355534 by sleepybird
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Thanks zonked

We are asking for a variation at the same time. Would he not need to include what increased contact he would like with the application?

Also if we do a position statement, would we need to send it to her before the hearing or just to the court?

Just so worried at how this will pan out. My partner really wants to get across that ex is making son make the decisions on contact which isn''t fair and son is experiencing distress due to this.

She will also deny breaching the order but obviously blame my partner for son not wanting to go with him.

Sorry for banging on :)

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12 Sep 12 #355536 by zonked
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On something like this, you should free to ask as many questions as you want.

Word of caution, im no expert, and at the end of the day you and your ptr have to step back and decide what advice to go with.

Strictly speaking, the application to change the contact order would need to be made on a C2 court form. You might get away with not using one, many judges would just want to sort out the issues rather than worry about paperwork. But, you are supposed to use it.

To be honest, what I think you want in court is for the ex to speak as much as possible. To show her personality. To let the judge see how she makes decisions. By doing so she''ll bury herself. Your ptr needs to present himself as Mr Reasonable. By being calm, measured and neutral the pressure is on the ex to explain herself. Don''t let her know in advance all the counter arguements your going to make, keep the cards covered.

A position statement is a couple of pages which sets out what you want to say in court. For a litigant in person its a good way of setting the agenda as it cuts down the amount of talking you need to do. A copy needs to be served on the ex and the court. I will send you an example.

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12 Sep 12 #355539 by mbird
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Ooh zonked sorry to hijack and be cheeky but is there any chance you could send me an example too, please? Thanking you in advance.

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13 Sep 12 #355612 by Fiona
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There is a link to a template of a position statement in this article;

www.thecustodyminefield.com/SmartPhone/W...ion-Statement-SP.htm

and there are examples of other documents and a list of terms used in Children Act proceedings in the Resources section here;

www.nofamilylawyer.co.uk/

Best to use your own words.

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13 Sep 12 #355759 by sleepybird
Reply from sleepybird
Thank you for the advice and templates. This is very helpful.

We had written 2 pages of my partners version of events and realise that this is too much and needs to be shortened to bullet points.

Thanks so much, was getting very stressed with all of this last night.

Just another quick question.

When completeing the c79 application should we include any details of why the contact didnt go ahead or just keep it simple with i.e contact didnt go ahead on x date and I now havent seen son for 5 weeks. Do we include that she lets son decide on contact and she is allowing my partner to see son this sunday but only at her house and she will see if son will want overnight contact next time its due? or leave that for the position statement?

Not sure how narrow to keep it on the application?

Any rough examples would be great?

Thank you

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