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C1A - Allegations of harm and domestic violence

C1A1
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Published By
HMCTS
Published Date
January 01, 2016
Document Format
PDF

Tell the court about harm that you, a child or children have suffered or are at risk of suffering, or use this form to respond to any allegations made by the other person in their application.

About these notes: • They explain some of the terms used in this form that may be unfamiliar to you and will help you to complete the form. • You should read all these notes and the checklist before beginning to complete this form. • These notes are only a guide to help you complete this form. If you need further help you could speak to a solicitor, Citizen’s Advice Bureau, legal advice centre or law centre. Legal aid may be available. You can get further information at www.gov.uk/ check-legal-aid or by phoning 0345 345 4345. Please note that while court staf will help on procedural matters, they cannot ofer any legal advice Section 1 About You If you do not wish your contact details to be made known to the respondent, leave the space on the form blank and complete Confdential contact details (form C8). You can get a copy of this form from any family court ofce or from our website at hmctsformfnder.justice.gov.uk It should be sent to the court at the same time as you submit this form. Section 2 – Further Information 1. Incidents of domestic violence/abuse and their outcomes The defnitions of harm and domestic violence/abuse are set out on page one of the form This section is to outline the nature and frequency of the abuse experienced by you or the child(ren) and any action that may have taken place as a consequence. The frst part asks what type of abuse that you or the child(ren) may have experienced. The second part asks if you have any of the following court orders, when they were issued, how long they are for, and which court they were made in. Non-molestation order – requires that the person against whom the order has been made may not be violent or threaten violence, harass, pester or annoy the person who applied for the order Occupation order – sets out who can live in a property and can exclude a person totally from the property or prohibit a person from entering certain rooms within the property. Forced Marriage Protection Order – can require that a person’s passport is surrendered, prohibit intimidation and violence, order a person to reveal the whereabouts of a person and stop someone from being taken abroad for the purpose of being forced into marriage. Restraining order – prohibits the convicted person from further conduct which causes harassment or will cause a fear of violence. Other injunctive order – any other injunction you may have obtained against the person whom you are alleging harm. If you have been granted any of the above orders please attach copies of the orders with the form. 2. Information about incidents The table is intended to give a short description of what happened and relevant information. The following is a brief description of what is required in each column: Approximate date/when/how long did the behaviour continue – this can be either specifc/ approximate dates of individual incidents, or a timeframe over which multiple incidents occurred. Nature of behaviour/what happened – a brief description on the incidents, please note that you can describe the same type of behaviour that happened over a period of time in one entry. Have you ever sought help? If so, from who? – This could be the police, social services, your doctor, a medical professional, a voluntary sector worker, the Citizen’s Advice Bureau or any agency you may have approached for help. It could also be a friend or family member. Did they do anything? – What help did they give you? Were you referred to anyone else? Is there any ongoing contact with them? Section 3 – Abduction This section asks about any concerns you may have about a child being abducted from your care. ‘Child abduction’ is the wrongful removal of a child from any person having, or entitled to, lawful control of that child. ‘International child abduction’ is the wrongful removal or wrongful retention away from the country where the child usually lives. If the child has a passport it is important that you fll in the section about who is in possession of the child’s passport. 10 Section 4 Are there any other concerns you would like to raise regarding your Child(ren)? This section is for any concerns not already raised in the form regarding the childs safety and wellbeing. Section 5 Attending the Court This section asks if you require any special measures put in place when you attend court. The court will try to supply you and your witnesses with a separate waiting area and the other measures listed. However, this is not always possible and can depend on the court facilities as to whether these measures are available. Response to allegations of harm (page 9) This section should only be flled in if the other party (the applicant) has served a completed form C1A and has sent it to the respondent. If no form C1A is sent in with the application for an order the respondent themselves will need to complete the form C1A to be returned with form C7 Response to an application under the Children Act 1989.

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