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Legal matters

Help with form C1A please

7 replies

TheJoyOfSpecs · 27/11/2015 08:51

My solicitor has advised me to fill one of these in as my ex-h is taking me to court for child access. I downloaded it after I left her office and am a bit confused.

It asks for details of domestic violence/abuse and there's tick boxes for me and the children. For me, I'd tick physical (but was only once), emotional, psychological, sexual. For the children, it's emotional and psychological abuse.

Then it says "give a short description of what happened and any relevant information" and boxes asking for more details/what happened.

Because it's a child case, is this just referring to the emotional and psychological abuse of the children, or do I have the detail MY abuse as well?

Thank you in advance if anyone can help. I can only afford my solicitor on an advocacy basis so I can't ring up for advice. She said she just speaks for me at court after I've filled the papers in myself.

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guyfawk · 27/11/2015 21:38

Put it all down, violence towards a parent is a factor when considering child contact. Try and put as many incidents as possible, with brief details.

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TheJoyOfSpecs · 28/11/2015 09:10

Thanks for the reply. I'm just questioning what details of my humiliating sexual abuse can possibly contribute to a child access case. I know it will make him really angry.

I suppose I could go to one of the solicitors open surgeries at the local court. I found out there's one each week.

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guyfawk · 28/11/2015 14:59

There's also Coram Children's centre who can give free legal advice in relation to CAOs

What access is he asking for?

What he's done to you, he could do to someone else and your kids could be there to witness some of that. So his character is relevant. You might though have to go through the details in person in court, which I'm sure would be horrendous for you.

What protection do you have from his anger? Has he been charged, are you in a support programme? Remember you're not with him anymore so he's not in control of you now.

The worst is over, even if this is hard xx

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TheJoyOfSpecs · 28/11/2015 15:17

It's a very long story. We've actually been divorced for quite a few years. There's currently a prohibited steps order meaning he can't have access to the children. That was put in place 2 years ago. He wants this changed to weekly access now his 'issues' are resolved Hmm.

I'm fortunate to not have any contact with him. He harasses my family but not me as I have the children here and he knows he would blow any chance out of the water if he started on me. He's got a suspended sentence for another unrelated matter hanging over him at the moment so he's trying to behave I believe.

The children want no contact at all. Supervised contact was tried some years ago and it went abysmally and ended up being suspended. Cafcass's Section 7 recommended no direct contact after that. I believe another Section 7 will be requested and their wishes remain the same.

I will look up Coram Children's Centre. Thank you.

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everso · 28/11/2015 15:31

My solicitor helped me fill mine in and we left all the boxes about abuse towards me blank, even tho there was plenty of abuse towards me, and only ticked the childrens ones. The reason for this was that basically in a child contact case its all about the needs of the children.
When cafcass do thier report you can tell them everything and they may consider it relavent, but in court you dont want to be seen as the bitter ex, saying- because he hurt me, he cant see the kids. Focus on the risks to the kids, and previous emotional harm done to them.

I dont know if this is the right thing, just saying what I did/ was advised.
I could have filled pages with my issues with him, but in a way it may have meant the childrens issues got lost, and the police reports speak for themselves.

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TheJoyOfSpecs · 28/11/2015 15:56

I see what you're saying everso and that's exactly what I'm afraid of - being seen as bitter when all I want is to protect the children from him. What I went through was horrible and shocking but I don't want that clouding the issue of access to the children. I never bring up that he owes me £10k in maintenance either, that's a separate issue.

I'll discuss the approach you mention when I see the solicitor at the free open surgery next week. Thank you.

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everso · 28/11/2015 17:13

Good luck. As I said, I dont know if the way I did it is the correct way, just thought I'd share what I did as I remember staring at this form myself and having no idea how to fill it in!

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