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What happens if I don't turn up in court?

(93 Posts)
saoirse17 Tue 23-May-17 20:44:45

My ex-husband has filed a C100 application regarding access to the children.

I can't afford a solicitor but I had some advice that it doesn't matter if I fill in the form that came with his application when I had it in the post, so I have not done that.

I've now had a snotty letter from my ex asking why I haven't filed it. I was under the impression that his hearing will take place whether I fill it in or not. Is that not correct?

Also, what happens if I don't turn up in court on the day? I have no interest in taking part in his court case.

saoirse17 Tue 23-May-17 20:45:50

The form he wrote about in his snotty email is C7.

Justmadeperfectflapjacks Tue 23-May-17 20:47:31

Why aren't you attending if it concerns your dc?

wickedgamestoplay Tue 23-May-17 20:53:38

Aren't you worried that not attending will go against you in the judges eyes? This is about access to your children isn't it?

SuperBeagle Tue 23-May-17 20:56:55

It'll put you in a negative light with the judge, certainly.

It's poor form to not show. All it says is that you don't care.

AliceTown Tue 23-May-17 20:57:22

You cannot just stick your head in the sand and hope this all goes away, if that's what you mean.

They'd probably just adjourn the first time.

Why on earth don't you want to go and defend your position?

CherriesInTheSnow Tue 23-May-17 21:00:58

I hope you have a good reason for denying your ex access contact to his DC, and it is not just out of bitterness. If you had genuine concern surely you would be wanting to voice that to the court? Or are you just trying to make this process of difficult as possible for him? The DC will be the ones who suffer if that is the case.

AliceTown Tue 23-May-17 21:02:01

They don't want to go, Cherries. They also don't want to see their paternal grandmother because their father has applied to court hmm

MrsBertBibby Tue 23-May-17 21:03:37

And who told them he had applied?

HazelnutMocha Tue 23-May-17 21:09:36

Ohhhh my confused

saoirse17 Tue 23-May-17 21:39:42

I had the advice from a friend of a friend who is a solicitor. She said I need not fill in the C7 as the hearing will still be held.

Will the case be adjourned if I don't go to court?

SuperBeagle Tue 23-May-17 21:41:33

Will the case be adjourned if I don't go to court?

Possibly, but not definitely. What will happen at the next court date (because if it's adjourned, it will obviously be set for a later date)? Are you going to skip out on that one too?

fabulous01 Tue 23-May-17 21:52:21

My friend is going through court. I highly recommend you get proper legal advice
Court isn't a minor issue and probably more to this than what you have stated

notapizzaeater Tue 23-May-17 21:54:57

If you don't go how are you going to,put your point across ?

saoirse17 Tue 23-May-17 22:08:59

The advice I had was that court orders re contact is very hard to enforce anyway so it doesn't really matter what gets decided.

Not correct?

AliceTown Tue 23-May-17 22:10:25

It used to be that way. It has certainly changed. You are unbelievable.

RandomMess Tue 23-May-17 22:12:13

Erm you can ultimately end up in prison if you do not let court ordered contact occur...

Mermaidinthesea123 Tue 23-May-17 22:13:36

You need to attend, it is possible your children could be taken away. You simply cannot bury your head in the sand here.

RedastheRose Tue 23-May-17 22:16:57

You need to attend. If you have no money you should be entitled to legal aid. But definitely go whether you are or not. Yes it is serious, yes they can make decision about your children and yes you can be sent to prison for contempt if you the. Ignore a court order.

SuperBeagle Tue 23-May-17 22:33:22

Court orders are not hard to enforce. hmm If you break a court order, you can and will be arrested.

I'm assuming you don't really give a rats about your children, and you're more than happy to give custody to your ex, because that's what your posts are showing.

saoirse17 Tue 23-May-17 22:46:32

Of course I don't have want to give custody to him. Anything but!! The children don't even want to see him.

I doubt they would arrest a mother of four and leave the children without their mum.

RandomMess Tue 23-May-17 22:48:21

saoirse17 - it has happened, do not ignore it, turn up and self-rep.

AliceTown Tue 23-May-17 22:48:47

They don't want to see him because of you.
Your posts don't even begin to hide what's going on.

And yes, they do change who the children live with in cases like these.

AtSea1979 Tue 23-May-17 22:51:36

It's irrelevant whether they want to see him or not. They are children. They don't get the decide big decisions that affect their entire lives. You as parents do. You make decisions together. If you can't make decisions which put your children's best interest first then a judge will do it for you. They will likely give your ex custody if you can't be bothered putting them first and turning up to court.

Mermaidinthesea123 Tue 23-May-17 22:53:36

Yes they would, and never doubt that for one minute because I've seen it happen.
I fought for custody of my own son for 5 years through the courts despite being a great mum even though my ex (number 1) beat me and only just won custody by the skin of my teeth.
How are you going to prove you are a good mother if you don't turn up, the judge may well decide you are a bad mother for your no show and award custody to your ex. Custody is simply not awarded to mums any more, it's very much a level playing field now and judges are much more inclined now to consider dads equally as important.

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