Specific Issue Order/C2/Interim.Child Arrangement Order

[99problemz]

Good Morning..

Right here goes!

Background

Going to court next month for a specific issue order regarding our daughters school!

Mummy took daughter not long ago and tells me by email.

Since then I discovered schools changed without consent (she is 4 years old).

I have then contacted schools and notified them and since then she is in limbo.

Since then applied for a specific issue order and due to be seen next month.However mummy is now not communicating properly and refuses me to take my daughter out or see her unless she is present.

No issues abuse wise. Just stopping me from seeing our daughter

I now am going to fill in a C2 form and address the contact issue

My questions are?

1)When filling out C2 do I have to notify mummy by sending her copies of application via email or post at the same time as sending to the courts?

2)If the above isn't right Do i need to send several copies to the court (so they then forward to mummy/cafcass etc)

3)I propose a interim child arrangement order.What I would like ideally as a temp measure!

Our daughter isn't in school so this was addred on C100 (should have done CAO too but didn't think it would be this bad)

C2 addreses current issue that's snowballed badly since!

So our daughter is with me at home (mummy doesn't let me see her) and she is back in school (currently not attending) and mummy can visit (she hasn't let me )

Kind of addresses all issues and i am overwhelming evidence that clearly illustrate mummy has been doing anything but looking at our daughters best interests and from the beginning this is all I want to do

As this will surely drag on what are the chances of being successful?

Temp measure i know but i see her and she is at school that addresses 2 things that are major!

How does one word this (on C2 or on 1st hearing or via a form)?

Thanks in advance

Stop calling her Mummy.

Ex will do.

Apply for unrestricted access make sure you had written evidence of letters being delivered asking for it

eg From 1 st of this month I would like our daughter from Monday to Friday this week and every alternate week. Etc

Why has she said you need supervised access? Do you have alcohol, drink or drug issues? Are you safe? Do you have a criminal record etc? Do you have your own property and a child’s bedroom there? What are the reasons.

Yeah have to say I had the ick reading you address her as mummy.

That aside, you've done the right thing. You'll definitely get contact which is agreed by the court and your daughter will be reinstated back into school.

Seems fairly straightforward. Your ex will have to have extremely compelling reasons as to removing your daughter from school and if she intends to home school

Sorry
Mum/Ex
Daughter uses my phone and mum auto corrected!
Now rectified

No issues what so ever
Own home
Nice modern 3 bed so ample space

She is just being very toxic and is obsessed with our girl (not healthy)
No issues addictions etc
Naughty boy with the boys in blue 15+ years back but nothing bad that will effect this

We have a great relationship (me and our daughter)

Mum never liked this and always tried to take her everywhere so we don't have much time but most nights overnight at home with me
Mum out/working

Not sure if it's parental alienating but its something like that

I was sort of coerced/quiet about it all and just saw it as Mum knows best but its clicked now this has happened (most gut wrenching as I never knew it due to mindset) and it's disturbing but its a avenue I don't want to bring up too much (Alienating) as I heard judges then demand too see proof and intense as its a term that's very serious! (Or so I hear/read)

You can see on the chats how often she goes out with the little one
I'm always home
Etc

I was thinking to put in the C2 (already filled in 99%)
Do i need to put in comments INTERIM Child Arrangement Order of can I ask on the day in court?

As she has done this with the school the C100 is a specific issue order (I know i should of applied for a CAO too) but honestly it was like a sledgehammer to the head and school/education was the only thing in my head.

Plan is as she refuses me to see our daughter to ask for interim order and she can go back to school too..

At present no school and we can't see each other (ive tried and tried)

Tempted to go to her but in the back of mind I honestly have no idea what she would do or accuse me off in turn I'm stuck

What do you mean by letters?
Our communication is via email/sms (me and ex)

If you mean C2 I thought i send 3 or 4 copies to court with postal order and they then forward to ex and cafcass (unless I have too)

Have you asked your ex to attend mediation?

Your C2 addresses your concerns and that you want contact to resume.

You can ask the court to consolidate your case by hearing the SIO at the same time.

You set out what the concerns are in your C2.

Once that's been received you'll receive notice of hearing.

Prior to the hearing cafcass will contact both you and your ex and go through the safeguarding information for the safeguarding letter to the Court.

It is cafcass who will make a recommendation for interim contact which you can discuss with them during your call.

You don't need to file your C2 with cafcass, the court will do that.

I would try and meet in the middle, perhaps state you're willing to have a stepped increase to contact which eventually leads to EOW Friday to Sunday and midweek contact, or shared care.

Don't berate your ex either, the court won't look favourably on either of you otherwise.

Keep it all child focussed. Look at things from your daughters eyes. She's missing out on time with her father, on her education, on forming friendships and developing social skills, she's caught in the middle of conflict..

And so on.

So on first court date all I have to do is prep position statement giving a overview of things?

My C100 is lengthy and detailed and I touch on many things (will be on the C2 as well)
Child focused but explaining the build up and background to explain things!

Do they need me to prove anything/show evidence on first hearing?
So much going on and want to be prepared!

Or is the only thing that i need to prep and have in court on the first day is the position statement?
And assuming this is correct and based on application (mum changed schools and now refusing contact) pending cafcass can provide interim order to address both and in turn no proof/evidence of my claims needed?!

With regards to the C2 do i have to state that I want it to be a Child Interim Order (so with immediate effect) so upon receipt the courts know or do i not need to mention this on C2 but instead through the courts on the day or via Cafcass?

I will state on the C2 why I am having to apply and will cite why I have no other choice due to current developments but don't want to be unprepared and hence want to make sure all bases covered!

With the C2 do i just send a few copies to the judge and they distribute (to mum/cafcass)
Or is it my job?

You guys are lifesavers
Thank you

It's very confusing and conflicting information or poor wording online when reading up about it all

It will be cafcass that makes a recommendation regarding interim contact. You can suggest what contact you want but it'll be cafcass who make the recommendation and the court who order the contact.

You're getting bogged down.

Cafcass will report back to the Court at the first hearing.

It's highly likely they'll do a Section 7 report later down the line.

If your applications get consolidated then cafcass will input on the specific issue order no doubt.

You don't need evidence until you're ordered to provide a witness statement.

First hearing is a directions hearing which sets out case management. If you're requested to file a witness statement then you can provide all your evidence.

So I cant (even temp) address both issues and have our child home with me and back at school?

If so the legal system is FUBAR.

Right at least that's now addressed

Is it worth creating a statement draft and send with the C2 or shortly after addressing concerns and giving some background as to why I'm asking for the interim order?

Managed to get everything else addressed (thank you to those who helped)

One thing I'm unsure on

Do i just send the C2 along with postal order to courts?
Or do i need to send multiple copies (they then forward to mum and cafcass)
Or do i need to each party agencies copy?

Are you litigant in person or represented?

Litigant at present

What you need to understand which you're obviously failing to is nothing happens prior to the hearing.

You file your C100 and C2. You get notice of a hearing date and you wait for that hearing. Contact won't be reinstated until you go to court unless your ex agrees it.

Cafcass will continue you both prior to the hearing. After they've done all their checks and produced the safeguarding letter they will provide a recommendation for interim contact and likely for the schooling issue. You will find they won't just transfer residence to you. There will be a long and lengthy process with a number of hearings; both you and your ex will put forward your cases.

It is for the Court to order the interim contact and reinstatement of your child back into main stream school. Nothing happens till you have that hearing. You can't just request an interim order prior to a hearing to be put into place.

If you're LIP then yes you file a copy with the court then send one to her solicitor or to her if she's LIP. Cafcass will receive a copy via the court.

Thanks
I understand

The hearing (SIO is penciled in)
I'm applying for the C2 now

I understand nothing gets done till first hearing

However as explained in previous post no safeguarding issues or problems like that

Mum has changed schools without consent and has basically gone AWOL
Hence the C100 and court date

Since then comma have somehow gotten worst and she is refusing me access
I don't want to go too her as she might make up something and I don't want to cause more distress to our child
Hence C2 I'm doing now

Maybe I wasnt clear so if I go into first hearing and explain events (overwhelming proof here I am right and simply no logic in what she has done)

Surely in the best interests of our girl jusge would order interim and she can come home to me and go back to school (how it was before mum went awol)

Mum was here too but she won't be unless judge orders it and gives his input

I just dont understand with all the proof (I'm trying to get some on a statement I can send with c2 Hence judge has read and understands more) on the first date the judge would not sanction interim and retirn our girl home and back to school

If cafcass make that recommendation then the judge is likely to order it. What you'll find is cafcass will make a recommendation for contact with you that is in your daughters best interests..and residence of your daughter is looked at during proceedings.
The judge has to hear from cafcass. The judge can use his discretionary powers to make an interim order if the cafcass letter wasn't received in time but he or she has to have very compelling reasons to do so. I'm not saying it won't happen but you've got to understand the process.
Remember, your ex has to give compelling evidence as to why she's preventing contact and has removed your daughter from mainstream school.
Is your ex home schooling?

Understood

I do know she has told the police I'm a great father and no issues and the relationship isn't working out
Same thing to mediators

What she says to cafcass only God knows but I have enough evidence here to counter and prove validity of such claims
What I do know is the inevitable delays abd this is what I do not want

No schooling (despite offering)
Old school on one end of the city is sending homework though
New school are doing nothing

Process?I am developing a hatred for that word 🙄

Yes
She is erratic with this too