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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:
gonnabeok · 06/03/2022 10:08

The court will proceed with the proceedings without you, whether you submit documentation or not. There is no power of arrest with an child application order but if cafcass are involved and the court agree with the visitation rights proposed by cafcass and you breach them - your ex can call you back to court and the court have to hear that case within 20 working days. Initially, any breach the courts will address by the way of a fine, then community service and very worse case scenario a period of a week or two in prison, although this is rare and many cases take many years of breaches before the court will go to that extent. Once your child reaches the age of 13 they cannot really force a child to see particular parent if they dont want (and I've been told that recently by a barrister at family court) as the court have to listen to the wishes of the child - so it does get to a stage where the order is not worth the paper it is written on when a child gets to the teenage years.

knittingaddict · 07/03/2022 07:41

Zombie.

Why post on here gonnabeok? Op is long gone as this was posted in 2017.

Cceeeeeeeee · 15/10/2022 12:35

Hi lovelies please i need your advise, in the last child arrangment hearing, my ex partner was given supervised visitation in a contact center for 2 hours and was asked by the çourt to find a contact center and inform my solicitor to begin contact immediately since 3rd september 2022, that the review would be done by the court November 2022..up till now being 15th october we havnt heard from him as my solicitor sent him series of messages with regards it but no reply..
If the contact doest take place eventually would it be considered a breach of court order? And what could be the possible outcome during the review in November?

Knotaknitter · 15/10/2022 13:06

You'd be better off starting your own thread @Cceeeeeeeee because this one is ancient and people will look at the date on the first page and go no further.

Ekátn · 15/10/2022 13:11

saoirse17 · 24/05/2017 14:19

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.

That just smacks of emotional manipulation.

‘look at what your father is doing to your mother. Look what he is putting me through’

is a very different way of putting it to ‘Father goes to court because he wants to be involved in his childrens lives’

if your kids see it as the first, that’s down to you.

Ekátn · 15/10/2022 13:12

Oh ffs sake. Didn’t spot it was a zombie.

Why are so many of these being revived today?

Simon90 · 28/03/2024 20:50

Hi I have court next month as I applied a c100 so I can see my children as my ex denied due to her being bitter. She didn't turn up for mediation so went in my favour to come court as id rather it be done the proper way. No more her trying to control everything. I'm going to ring solicitors this week but just fort I'd also ask for advise as this is new to me. What happens if she doesn't turn up? Also what happens if she makes up bs as that's what she is like. Will this also prolong the situation and more court date will occur? Thankyou in advance

AdalindSchade · 28/03/2024 20:52

Simon90 · 28/03/2024 20:50

Hi I have court next month as I applied a c100 so I can see my children as my ex denied due to her being bitter. She didn't turn up for mediation so went in my favour to come court as id rather it be done the proper way. No more her trying to control everything. I'm going to ring solicitors this week but just fort I'd also ask for advise as this is new to me. What happens if she doesn't turn up? Also what happens if she makes up bs as that's what she is like. Will this also prolong the situation and more court date will occur? Thankyou in advance

You need to start your own thread for advice.

Simon90 · 28/03/2024 21:44

Apologises I'm new to this advice online. I didn't realise it was with someone else's question

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