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Legal matters

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

109 replies

saoirse17 · 23/05/2017 20:44

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.

OP posts:
DawnOfTheMombie · 24/05/2017 14:48

Dixie Totally agree.

OP you have been told time and time again to STOP talking to your children about adult matters.

I said it last time and I'll say it again. I hope you get hauled across the coals. Women like you boil my piss. Bitter and hurting their DC to spite their ex. I had a mother like you. 2/3 of her DC are now NC with her and the other is very low contact. This will backfire.

Your exs new DC has a legal right to have a relationship with his/her siblings and the judge will take that into account. And hopefully stop you and your controlling ways.

prh47bridge · 24/05/2017 14:50

Back story?!

A short summary would be that the OP signed a parenting plan when she separated from the father of her children but has never complied with it. She claims her children (aged 7, 10 and 14) don't want to see their father, his new partner or his new daughter, their half-sibling. His children are supposed to spend 1 weekend every 4 weeks with him plus 1 week at Christmas, 1 week at Easter and 2 weeks in the summer. The OP insists that she has not done anything to stop her children seeing their father and says that the lack of contact is entirely their decision.

For details see www.mumsnet.com/Talk/legal_matters/2903307-Exs-contact-with-children.

AliceTown · 24/05/2017 15:35

It was the comment about the grandmother that gave it all away. The children are resistant to the grandmother because the father has applied for contact. That just screams parental alienation to me.

I think most cases of PA, the alienating parent has at least some capacity to disguise what they're doing but this OP doesn't seem to hide anything. Children don't reject parents without good reason, and even in cases of abuse it's not uncommon for the abused child to still be attached to their abusive parent. If there is a good reason, the OP would have said by now and if there isn't a good reason, why on earth doesn't she want to do something about that?

Fluffypinkpyjamas · 24/05/2017 16:01

ah Bridge thank you. I see now. Hmm

Fluffypinkpyjamas · 24/05/2017 16:01

bold fail Grin

Familylawsolicitor · 24/05/2017 16:25

This reply has been deleted

Message withdrawn at poster's request.

saoirse17 · 24/05/2017 16:40

I have now confirmed with the solicitor that it is merely a formality, it doesn't matter if the form is filled in or not, the proceedings will continue regardless.

OP posts:
Leatherboundanddown · 24/05/2017 16:42

Yes the proceedings will continue but if you don't turn up and cooperate you basically just show you don't care about the outcome.

AliceTown · 24/05/2017 16:47

The saddest part OP is that you have so much to lose, and it will all be so unnecessary.

If you're genuinely at the point of thinking that just not turning up is the answer to your problems, you really need to get some help. It's not normal or healthy to be turning the children against their father like this.

I really hope you can take a step back and reconsider your actions before you wind up in a place where you lose any sense of control over the situation.

GreenGoblin0 · 24/05/2017 17:14

I knew this be your thread OP just by reading the title. you sound like my partner's exw - sad bitter and twisted however he does at least have a contact order which she complies with. stop damaging your children. you are being taken to court because your ex husband has been left with no choice. every single person here has told you that you need to go to court. it will backfire on you if you don't.

Sarasue1967 · 24/05/2017 17:16

The case will be heard in absentia and a ruling made without your input. A bad move. Represent yourself if you need to.

saoirse17 · 24/05/2017 17:27

The solicitor did say I need to go, but I don't need to fill in that form he was snottily asking why I hadn't sent him.

OP posts:
AliceTown · 24/05/2017 17:33

You haven't done what you were supposed to have done. It's no use trying to make him out to be the bad guy.

PigletWasPoohsFriend · 24/05/2017 17:44

The solicitor did say I need to go, but I don't need to fill in that form he was snottily asking why I hadn't sent him.

You do know a judge could order to you to give information, whether you like it or not.

saoirse17 · 24/05/2017 17:46

The solicitor said the matter will be dealt with during the day in court so that form is not needed.

OP posts:
PigletWasPoohsFriend · 24/05/2017 18:08

The solicitor said the matter will be dealt with during the day in court so that form is not needed.

It is up to the judge however who you will have to co operate with. If you are refusing to fill a form in how are you going to answer questions the judge or questions of exs representatives ask with ex there?

Familylawsolicitor · 24/05/2017 19:03

This reply has been deleted

Message withdrawn at poster's request.

QuiteLikely5 · 24/05/2017 19:04

Why are you being so obstructive?

What has your husband done to your children that is so bad

Aridane · 24/05/2017 19:55

Oh dear - have just read the OP's other thread...

Marble2302 · 24/05/2017 20:02

Why would you tell your children? I spent years in Court but I didn't discuss it with my daughter as I wouldn't want to upset her.

DawnOfTheMombie · 24/05/2017 20:23

Hopefully the judge will see through her bullshit and the kids will get what they deserve.

saoirse17 · 24/05/2017 21:54

Well, seems like i did have it right in the first place then, I didn't need to send that form in after all

OP posts:
AliceTown · 24/05/2017 21:58

Sure, you keep yourself focused on that form and not what your children need or the difficult path you're carving out for yourself Hmm

SuperBeagle · 24/05/2017 22:01

Good luck to you, OP. You're going to need it.

PigletWasPoohsFriend · 24/05/2017 22:06

Well, seems like i did have it right in the first place then, I didn't need to send that form in after all

You will still have to give the information!

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