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Applying to court for a hearing regarding contact

  • simonstone1970
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13 Jun 12 #336574 by simonstone1970
Topic started by simonstone1970
I wonder if anyone can help me. I sorted my contact out last year, albeit through the courts as my ex would not give me any over night contact. I now have pretty good contact, but on my second contact week I go seven days without seeing my children and this is starting to now upset my 7 year old daughter. I have tried to address this with my ex to try and get her agreement to give me an additional night to split this seven days up, but she is having none of it. I cannot afford solictors as I am still paying them back around 5k from my fight for contact so am going to represent myself, which in itself I am comfortable with. I done this on the last two hearings in court when my ex tried to get my contact reduced and CAFCASS were brought it, who supported my side of the case and I won the day! MY question is does anyone know when representing yourself how do you go about applying to the court for a hearing?

Thanks for reading.

Simon

  • zonked
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13 Jun 12 #336607 by zonked
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If more than 12 months has passed since the final order you would need to complete another C100, if under 12 months it will be a C2.

It would sensible to write to the ex or her solicitor to set out your proposals before going tgo court. As well as the mid week contact you might want to think about holiday contacts and breaks during the half term. Alternative xmas/easter hols?

As part of your preparation for court you need to underpin each proposal with reasons why it would benefit the child. You should also be mindful that a fairly recent contact order has been made and you will also need to demonstrate why that order no longer meets your child''s needs.

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13 Jun 12 #336616 by simonstone1970
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Hi thanks for your reply. It was around October ast year. Everything was sorted then and I got half of all the holiday''s, christmas split each year, basically got everything sorted and I have them midweek one week for one night and then the following week for the weekend (friday through to monday) At the time I was earning good moÑey so could afford a good barrister who covered everything and we got everything we asked for as we wasn''t being unreasonable and we argue everything on it being best for the children and not me as the father etc.

But basically over the last few months my daughter has been getting upset over the seven day gap when I don''t see them, so I tried to address this with my ex via e-mail, to which she has ignored. I them sent the e-mail to her solicitor who has now replie back saying he has been instructed not to reply as he is only representing her on thing she instructs him too, so basically I am getting nowhere.

I am due back in court next month to finalise the financesn could I ask the judge to look at this …atter then, or do I have to apply for a seperate hearing? And what is the cost to make the application for a hearing?

Thanks once again for your response.

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13 Jun 12 #336617 by simonstone1970
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Ps sorry for the bad spelling but wrote it from my blackberry so hard to read and tyee. Hope it makes sense!

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13 Jun 12 #336620 by zonked
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You will need to complete a C2 court form, on the form you will be requesting to vary an existing contact order. I don''t see anyway around that.

Normally your application would be listed for a Directions hearing. Can you ask the court clerk to list your application alongside your finance hearing? I simply don''t know. Others on the forum might be able to advise, or you could always contact the clerk of the court and ask.

In effect you are asking for midweek contact. Some suggested arguements might be:

- your dtr demonstrates unhappiness at the 7 day gap.

- midweek contact would help bridge these gaps and allow your dtr a better sense of continuity.

- that your proposals reflect her current needs; her age and emotional wellbeing.

- your proposls would allow you to collect her from school and this would demonstrate to your dtr that she has two parents active in her wider life...not just a weekend dad

I would also suggest you:

-examine the reasons why your ex objected to contact in the first place, demonstrate how those fears have not materialised.

- examine the CAFCASS report and take from it parts which support your arguments.

On the negative side:

You have a recent order. A judge is going to be resistant to accepting the court got it ''wrong'' or giving in to further parental ''demands''. These are not insurmountable hurdles, you just need to be aware that you must be prepared to present a cogent case.

I suggest contacting Familes Need Fathers and working with them in putting together core arguements.

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13 Jun 12 #336623 by simonstone1970
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Thanks again. Most helpful.

I used the arguement in relation to my current midweek contact and the fact of picking her up from school and that has helped no end and the school themselve s have noticed an improvement in my daughter school work, or not so much an improvement, but more they had noticéd her work drop when and my ex were arguing a lot óver contact, since the order has been in place she has picked up again.

My ex hasn''t given a reason she has simply ignored my e-mails.

The good thing from the last order was when the judge gave his order he stated this was a good starting point, indicating that as time went on and the children got older contact should increase. Also my work commitments have changed now so I can do a lot more for the kids, where at present my ex''s parents have them and I have been stating that time should be with me or the mother first.

Thank you once again for your time in helping me.

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