C100

(5 Posts)
Lala1980 Wed 21-Sep-16 08:23:00

After many failed attempts at mediation to try and recommence regular access which stopped for no apparent reason, we have been offered a C100 form. Does anyone have experience of this "next step" and what it involves?

NNChangeAgain Wed 21-Sep-16 13:22:24

Several times.

It's an application to Family Court.

Once submitted, it cannot be withdrawn without permission from the court.

A parent can apply to the court for a Child Arrangement Order which sets out who the DCs live with and arrangements for contact with the other parent.

The first step is that checks will be made by CAFCASS - social workers who check national records for any relevant info regarding the DCs.
Then there will be an initial hearing - at which both 'sides' will present their case.
The judge, or panel of magistrates, will then decide what further info they need.

They may order CAFCASS to write further reports - usually a Wishes and Feelings or more in depth Section 7 report. The DCs will be spoken to for this unless they are very young.
The court might order both parents to attend a Separated Parenting programme.

Further hearings will follow to consider the reports and progress before an order is finally made.

It's adversarial, stressful, and time consuming.

And, if a parent breaches the order after it is made, the other parent has to take them back to court for it to be enforced - at their own expense.

Lala1980 Wed 21-Sep-16 19:18:31

Is it the only way as DP'S ex eels evading mediation...

Lala1980 Wed 21-Sep-16 19:19:44

Keeps... not sure where eels come from!

NNChangeAgain Wed 21-Sep-16 22:02:37

Oh, I'm not suggesting your DP doesn't go ahead - but be realistic about how effective it will be.
A court order is only effective if the person it applies to is willing to comply.
Also, from your perspective, remember this is your DPs process not yours (I'm assuming you're a stepparent?)

You will have no involvement in the process at all - even if you are mentioned in CAFCASS reports etc, you still won't have a voice. And everything that happens in court is confidential so although it's to be expected that your DP will talk to you about it, you need to be prudent about who you share that with as he could be deemed in contempt.
Once solicitors and barristers are involved it becomes very adversarial and a win-lose situation, unfortunately.

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