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Question about C1a forms...(9 Posts)
I received a summons yesterday for a child arrangements programme (CAP01) I am the resident parent.
Can't really make out what the ex is specifically hoping to achieve from the order except a vague entry of "remaining fully involved and how much time he spends with them" and "shared residence or similar" He is self repping so I imagine I'll only find out on the day of allocation?
I have an appointment with CAB booked for next week after having a assessment with them this morning, have left a message for a local solicitor who specialises in DV cases and have been referred by my health visitors for legal aid as I qualify due to history of DV. So ball is rolling slowly and being proactive.
My question is this;
The notice of proceedings says the district judge has directed that; this matter be referred to an appointment at which Cafcass practitioner will be available to discuss matter with parties and judge, and that copies of the app form, C1a form and acknowledgement form be sent to CAFCASS, and CAFCASS carry out background checks if information given on these forms indicates that there is a risk of harm to the children.
Is this standard info/requirements on a notice of proceedings letter?
I did not receive a C1a with the C100 and notice of proceedings..would I have received one if my ex has filled one in?
Ex said "no" on his C100 of concerns of risk of harm tick list. (even though he has repeatedly called agencies (SS, police, and HV) in the past 3 years falsely accusing me of 2 of them, as recently as Sept this year. (open shut case SW told me and haven't heard from her since.. she said she had no concerns and HV team echo this.
I just want to have a better understanding of the above as I have tried and failed to get these questions answered today and they are weighing heavy on my mind.
The reference to C1a is standard on the Notice of Proceedings and your ex-P has denied any risk of harm on the C100 in all likelihood he won't have completed one.
In theory, Cafcass should have completed checks with police and social services in all cases however in practice the results are not always available for the first hearing. Cafcass should contact you ahead of the hearing so make sure that you tell them about the DV.
Good luck with everything
Thank you so much fingers crossed the truth is represented well in our case, it's so scary though I keep being told I have a good case to present. I'm just worried that he's very long term unemployed/part timer who lives with his parents... I work full time so it might not be in my favour that he wants extra days in the week as he's available...I know that will be his argument. I have no choice but to work so I can keep a roof over our heads and try role model to the little ones and have amazing childcare in place. Overwhelmed is an understatement!
the new process says that Cafcass has to send a safeguarding letter to the court for the first hearing. it is a standard instruction that usually speeds things up. If you end up representing yourself, you will have some help. magistrates and other family judges are used to people coming without lawyers and they will help you through the process. just remember, the emphasis is on what is best for your children. even if there was DV towards you, it does not follow that the children will not be able to spend time with the other parent.
God! Complete failure of punctuation and capitalisation there ! Sorry.
if he submitted a C1A you would get a copy of it so you can reasonably assume in this case he hasn't done so.
You don't mention mediation - I am surprised that he has managed to put this application in without attempting it. Even more surprised considering he has said there is no risk.
Please make sure you file a C1A however.
Regardless of that there will be Schedule 2 Report before the first hearing - which should detail the domestic abuse. The court should be aware of this at the very first hearing.
So to summarise: Don't worry. It may well happen that come the first hearing the judge/magistrates will see the Schedule 2 Report and your C1A with the details of DV and take this into account.
Thank you so much for your replies I'm so grateful.
Do the courts take dv seriously? I'm nervous about stories I've heard where it's basically ignored and not taken into consideration when sorting out residency/contact.
He uses manipulating my dcs sleep as a way of controlling household, shares a bedroom with them and only just, after almost two years got them a bed each (I gave him one of the toddler beds)
He's just started telling children that I'm a bad guy and that he hates my childminder. :-( also that he wants to stop mummy working.
We tried mediation earlier this year but it broke down due to him agreeing to getting kids beds then refusing a few weeks later... That's his pattern.. Says x is fine then on the 11th hour says z is the only way. He did this when he tried to stop my son going to preschool. He used that 'closure' letter from mediation for his application though we never discussed contact in it.
The only communication I've had from him with the court process is him sending me a message saying he had halved maintenance and will only reinstate it when I gave him more contact... Next thing I have is a court summons. He doesn't work and makes life pretty miserable for me... He sees kids as this is important and I encourage that but what I don't want is him manipulating us mon to fri because it makes mine and the children's life so stressful. I work full time so there's a good chance the court will give him week days... I want to offer dinner once a week during school days and every second weekend. I don't feel he's in a housing situation that is appropriate for children to stay overnights on school nights.
The court will take allegations into consideration and has a number of options open to it to deal with them. It's true that DV (or unproven allegations) are an automatic bar to contact, etc. but it should be looked at. Furthermore if you have been the victim of DV it may be considered that it will not automatically happen to your DC. If this is determined arrangements can be made for contact to take place (in a safe) environment while keeping the parents apart.
Finally - his message saying he has halved maintenance until contact is increased will go down like a lead balloon in court. There is no link in law between money and contact. Using either to gain leverage for the other is not acting in the best interests of a child and it is something you should most definitely raise at a hearing.
Something worth thinking about is the long term strategy you will consider. A lot of the parents I assist say `I want contact in a contact centre' and then give me a blank look when I say `Is that until the children are 16?'. Come up with something - be it a schedule of increased contact, definite changes by an abusive partner (something like `I would feel reassured if he went on the XYZ Course' as opposed to `He can't see the kids until he has proven he is safe').
I would be advising your ex much the same sort of thing. You'd be surprised at the number of parents who go to court without being clear abotu what they actually want.
In short - come up with solutions that you're happy with. If you don't, you could find the court ordering one that you are unhappy with and not in control of.
My advice would be to make sure you raise all DV issues yourself before anything else happens and that at the first hearing you make the judge aware that you want a finding of fact. They may not grant it but you need to ask.
My solicitor failed to ask, told me to accept a section seven being ordered, the social worker refused to look at DV at all and at the hearing I was threatened with removal of my children if I didn't agree to contact!
When the case started the police attempted rape investigations were still ongoing but the judge still refused to look at the DV because my solicitor didn't ask right at the start!
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