I posted a few weeks ago about my DHs ex applying to court to discharge a contact order, but she used a C2 court form, rather then a C100, to initiate the proceedings. The original case that resulted in the contact order had been closed several years ago. DH was advised by the court that it wouldn't make a difference which form it was in - and that was the advice here on MN, too.
At the first court hearing, CAFCASS told the court that they hadn't prepared a Schedule 2 letter, because the application had been received on a C2 not a C100 so had not been sent for initial checks. The Court directed CAFCASS to produce a schedule 2 letter and scheduled a hearing for over a month later.
DHs ex has not attended a MIAM, or submitted completed an FM1 to the court, because that is not required with a C2. She has repeatedly refused mediation.
In the meantime, DH hasn't had any contact with his DS for over 4 months. By the time the court eventually get round to considering the issue, that "status quo" will be firmly in place, despite DH having had regular contact (1 week in 3) for the preceding 3 years.
It's incredibly frustrating. Is this a known tactic that RP use in court to delay proceedings, and avoid mediation, or has DH just been incredibly unlucky?
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Legal matters
Legal loophole - can anything be done?
8 replies
FrogStarandRoses · 30/01/2014 15:37
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