Being served court papers.

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Any help appreciated: long story (you may have seen other thread) but Father in law has applied for contact with the grandchildren. He has not named me in proceedings although it states he has to and he has not served us with the court papers (and details of the application). We are aware of his application only due to the fact that the court appointed cafcass who sent us a letter with date but no details of court/time etc what do we need to do? also i have been told i (mother) am not allowed in court room as not named on proceedings and have to fill in a c2 form and pay £215 if I want to be a party???? can this be right surely if he is taking us to court and it was his error on paperwork I shouldnt be charged? any help appreciated thanks

You won't have to pay to be joined as a party. You are an automatic party under the Family Procedure Rules. Turn up and go in to court. The court clerk (mags court) or judge (county) will put things right. Don't worry about that.

Thank you I couldn't believe a solicitor advised me that. If we haven't been served court papers do we have to show? (We have only received a letter from cafcass with date no time or name of who applied etc) I'm thinking its best to still show when they appoint a cafcass officer who can gives us details, but when we rang up the court (contact centre) they said it is being reviewed by a judge so date no longer set and they don't have and details of application on their record, have you any experience of this as quite concerned no checks have been done yet as no cafcass officer appointed to case.

Rule 12.3 of the Family Procedure Rules 2010 says that the Respondent to an application for a s8 order (contact, residence e.t.c) shall be every person who the applicant believes has PR for the child.

If you haven't been served you don't have to show, but if I were you I'd turn up. You don't want this to drag out. You can't turn up though if you don't know when and where the hearing will be, and if the judge is reviewing it just keep in touch with the court.

The cafcass officer can only be appointed in a hearing. Their involvement at this stage is just to do safeguarding checks.

Oh they've told us their Appointing one to do a telephone interview and discuss with us as I'm only going to reception at the moment. It's all really confusing. Think we need to just show up on day (when we know) state we've not seen any papers and show emails to court stating this and the fact I'm not on it and not sure what the hearing is about. You seem much more aware of procedures and I'm doubting what the solicitor told me now. She said grandparents always get permission so we are best to accept the application but oppose contact? Would u know if this is the general rule of thumb it sounded bizarre to me as did the £215 charge.

Grandparents tend to get permission if they have a pre-existing relationship with the child, but you've nothing to lose by contesting permission.

That's great thank you so much for your time and help, just going to try and destress until we find out on the day what's going on : /

Update: She had been at her firm for 10 years which is why we went, I'm glad we didn't listen though as it seems my constant calls and emails to the court and cafcass have reached someone we are to be sent the court papers direct from the court, they have added me on free of charge!!! And appointed an officer to speak to us : ) and definately going to oppose. its worth a try nipping it in the bud ASAP if it's possible. Thanks for advice I'll more than likely be coming back for more.

Yes thankfully, so much for the contact centre saying a 4 week back log! Won't be calling them ever again