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Original poster

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:
AliceTown · 24/05/2017 22:13

Piglet, the form is just an acknowledgement form.

BandeauSally · 24/05/2017 22:13

Is the form really what you should be focusing on here? You seem to be enjoying some sort of "victory" over being right about not filling in the form. You have your priorities slightly skewed here.

Isadora2007 · 24/05/2017 22:14

Maybe all that money you save on legal advice will be needed
On the therapy bills For your children. You're screwing up their childhoods and their relationships with their dad, stepmum and step sibling. How evil... and hurtful. Your children are missing out on the benefits of having these connections and you're all "me me me"... Confused

Doyoumind · 24/05/2017 22:16

OP I remember your previous thread. I don't understand why you refuse to listen to the advice you're being given. You need to take this seriously.

I can tell you now that the court will award your ex the contact he wants with the youngest. They may also include the older two despite taking into account their views if they feel those views have been brought about by your alienating influence. I don't know if you're in denial or what.

From what you have said your ex has a very strong case and your attitude could land you in trouble.

And your dc shouldn't even know anything about the court applications. You are bringing stress and upset into their life that you should be shielding them from.

Sisterland · 24/05/2017 22:17

Familylawsolicitor - out of interest, what's the point of that form then if it doesn't need to be sent in? Doesn't it say it should be filed within 14 days of receipt? Can you just ignore that then?

Parker231 · 24/05/2017 22:20

Why didn't you fill the form in? Courts are never happy if you don't comply with their processes. You risk starting the legal proceedings on bad footing.

sadmommyhere · 25/05/2017 03:55

I don't believe for one minute that a solicitor told you not to fill out the form but to turn up.

Copied from the form -

Post, or hand, a copy to the applicant and to each party. Then post, or take, this form, and the Statement of Means and Supplemental Information Form if you have lled one in, to the court at the address below. You must do this within 14 days of the date when you were given the Notice of Proceedings, or of the postmark on the envelope if the Notice of Proceedings was posted to you.

Filling out the form gives you a head start on getting your point across. Why wouldn't you want that?

By not filling it out means the court will think "here we go another woman who won't let the dad see their kids" and it will go against you.

I was in court through two 18 month cases because my ex was abusing the kids (and me). I had to beg Cafcass and social services to keep him out of their lives because of women like you that have tarred us all with the same brush.
A year later my son still wakes us up screaming and wetting the bed scared stiff!
I was told to keep up indirect contact... 6 months into it their dad stopped writing. He was only interested in them cause he knew it hurt me!
So get your act together and sort yourself out! I would give anything for my kids to have a dad who didn't beat them black and blue and was interested in them and not in just punishing me!

MooseBeTimeForSnow · 25/05/2017 05:25

The form is an acknowledgement of service. It confirms the OP has received the papers and gives her an opportunity to provide her ex and the Court with advance notice of her position. If she didn't turn up I expect the Judge would have adjourned proceedings for her to be personally served by a Process Server or Court Bailiff. The Judge needs proof she is aware.
Turning up at Court also proves she is aware.

PigletWasPoohsFriend · 25/05/2017 05:34

Piglet, the form is just an acknowledgement form.

I know but the OP seems to think that procedures are nothing to do with her and that she can do whatever she wants because she's a mother.

I think she's in for a big shock.

sadmommyhere · 25/05/2017 05:43

formfinder.hmctsformfinder.justice.gov.uk/c007-eng.pdf

That's a copy of the form. It's meant for more than just letting court know they've received the application

Crispsheets · 25/05/2017 05:52

Your poor children.
And you are clearly avoiding responding to posters' concerns about their well being.

Familylawsolicitor · 25/05/2017 06:01

This reply has been deleted

Message withdrawn at poster's request.

worridmum · 25/05/2017 06:53

Tbh I hope that the judge is a decent one and sees right through you. You and people like you give mothers a bad name and make it difficult for genuine cases to go through

AdalindSchade · 25/05/2017 07:13

The judge will want to know why you haven't completed the form. Obtaining information in court that could have been provided beforehand will be a waste of court time and the judge will be irritated off the bat. Especially if your ex has legal representation, the judge may view it as you deliberately trying to drive his costs up.
I've sat in court during private proceedings twice when parents decided just not to show up. Contact always gets awarded according to the wishes of the parent who turns up because that's all the judge can go on.
And if you think you can just ignore a contact order you are in for a shock.

LisaMed1 · 25/05/2017 09:01

Children have been taken away from mothers and sent to live with fathers in cases where the court thinks the mother is obstructing contact.

Please be careful.

FrenchMartiniTime · 25/05/2017 09:12

OP you sound incredibly immature.

Reading your previous post you don't actually give reasons why you don't want your DC to see their dad, just more like you don't want them to.

And why on earth would you tell your DC about the court case? Maybe perhaps to upset and manipulate them?

You're a disgrace.

WatchingFromTheWings · 25/05/2017 09:24

I followed your previous thread. Pretty obvious you've manipulated and poisoned the poor kids against their dad, his DP and their new sibling. If a bunch of strangers on the internet can see through you then a seasoned judge will definately also do so.

He'll probably (hopefully) grant their father more access. Maybe their father can undo some of the damage you have done. You should be ashamed of yourself.

Den66613 · 12/10/2017 19:32

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

Den66613 · 12/10/2017 19:34

Bitter bitter bitter bitter ! Put your differences aside and stick the child first!

Brutalchilli · 07/07/2021 16:45

I must say I’m gob smacked!!

I’m a father and I’m currently fighting through the courts to have access to my children, my ex- the respondent is ignoring all correspondence and I doubt she will attend the hearing. I will honestly say I lost all faith in the female of our species as my ex has deprived my children their right to a relationship with both parents for nearly two years. Until I read through this forum, and what a bunch of beautiful, amazing yet brutally truthful lot you are. I just wanted to say Thankyou xxx

frazzledasarock · 07/07/2021 16:49

Have you posted here before OP?

Your ex has been trying to get contact with your shared DC for a while now and you keep asking what would happen if you don’t turn up to court and ignore legal papers.

In my experience the court will give your ex whatever he wants if you purposely don’t engage. Because you’re clearly being belligerent and obstructive for no good reason.

missmopple · 07/07/2021 17:19

@frazzledasarock

OP posted in 2017
This is a zombie thread

Hamnetssister · 07/07/2021 17:25

They could switch residency if you flout court orders and don’t turn up to court!

airbags · 07/07/2021 17:55

@saoirse17

I have arranged to speak to a solicitor on the phone this afternoon. Hopefully she can give me some guidance.

I just think everything was working fine until he had to go around and make court applications, my main concern is that the children have got very upset by him dragging their mum to court.

But that is influenced by what you say about their dad to them. No doubt you're sharing the info and bad mouthing their dad for them to "have got very upset by him dragging their mum to court".

Maybe his view is that he's fighting to see his kids with a mum who can't even be bothered to fill out a form, doesn't want to attend for the wellbeing of her kids and thinks she can ignore a court order.

I think you're clouding your kids judgment. I feel for the kids in all of this.

airbags · 07/07/2021 17:57

Bugger - just spotted it's a zombie.

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