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C100 application

(7 Posts)
Sisterland Wed 19-Apr-17 19:43:58

My partner has just sent in a C100 application to try and get access to his 4 children from his previous marriage. His exwife is doing all she can to just put all the responsibility on the children to decide whether they want to see their father or not. With the result that they "don't want to see him". They also don't want to see me or our son.

Has anyone got any experience of this? Is it likely that she will get away with her position of "the children get to make the decisions"?

Also, does anyone know how long it takes from sending the application in until the first hearing?

PatriciaHolm Wed 19-Apr-17 19:48:39

A lot will hinge on the ages of the children. How old are they all?

Sisterland Wed 19-Apr-17 20:20:30

The youngest will be 8 this year, then they are 10, 12 and 14.

prh47bridge Thu 20-Apr-17 09:11:34

The children's views will be taken into account but they won't necessarily be decisive. The younger two are definitely too young to be making the decisions on contact. The views of the older two will carry more weight but still may not be decisive. If, for example, the courts think the mother has been alienating the children against their father (and your OP suggests she may have been) the court may decide to ignore the views of all four. Note also that the court won't simply accept the mother's version of the children's views. They may ask CAFCASS to prepare a report.

Sisterland Thu 20-Apr-17 10:07:52

Is there any way that you can ask for a Cafcass report to carried out? I think those kids have definitely been subjected to things they shouldn't have by their mother.

Sisterland Thu 20-Apr-17 10:08:24

Or is it up to the court to decide whether a report is needed?

prh47bridge Thu 20-Apr-17 10:49:50

CAFCASS can only get involved in a case at the request of the court.

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