how often can you submit a C100 for contact variation?

[SWeiss]

does anyone know how often a C100 can be filed? Had a hearing in February where overnight contact court order has been overruled as my children's father has been emotionally abusive to them (also physically but thanks to police not checking cctv on time when ex ripped my son's ear on a public train, no evidence. I left him with 2 kids 8 years ago as he was emotionally, physically abusive). I did record him though and transcribed the way he interacts with our children. To cut the long story short, after 8 years in and out of court, including fact finding hearings in my favour and the kids favour, they finally saw sense, even criticising the previous judge for granting overnight contact, and after interviewing the kids too, who did not want to see him. He was only granted contact once a month in a public place alternating between location near him and our place. He has since only turned up every other month as he does not want to pay for the train fare. The judge at the time even told him that is was not a good idea coming back as the kids are at an age where they get listened to and if they want to see him when they are older, the can out of their own initiative. Kids are 12 and 9. I just received in invitation to court just a few days before Christmas, when kids are already off school. It has barely been 9 months since the last order. Can I get this thrown out of court or is the amount of times you can file a C100 limitless? Thanks for your help.

There is no limit to the number of times he can apply to have contact varied. However, if he makes repeated unreasonable applications the court can make an order forcing him to apply to the court for permission before he can apply for a variation again. This still doesn't stop him but it gives him an additional hurdle to get over, which might make him think twice before wasting everybody's time.

Given that your oldest is 12, the limited time since the last order was made and the fact he has not taken up all the contact ordered, I don't rate his chances.

f I were you I'd take some advice and apply for a s91(14) direction
(what prh47bridge refers to above). Take a look at this guidance www.pumpcourtchambers.com/blog/closing-door-section-9114-orders

I'd also write to the court outlining the lack of contact he's taken up and the inconvenience of listing it just before Christmas when you have the children to look after, and request it be relisted for some time when they're back at school.

No advice. It looks like you've already had good advice anyway. I just wanted to offer my sympathy.

thank you, I hope I get the female judge again, he is very chauvinistic too and that did not go down well last time.

last message was for first post, just wanted to say thanks to all of your replies so far, will definitely look into the S91 too. Last time he filed for enforcing contact, I had stopped after advice from police when son was injured, I took variation order to counteract, as I was warned by one judge that he could send me down for stopping contact, I was gobsmacked. They even listed it in the wrong court, so three hearings later, we got the order, asking to have it changed so quickly is making a mockery of the court system and undermines the opinion of Cafcass and the judge. However, the previous judge years ago went from one week to the next basing his decision of what had not happened in the space of one week after years of abuse and 2 days fact finding... Since the law changed a little around abusive parents last year, I honestly thought this was it now, so a bit shocked...

Hi OP, just wanted to express my sympathy as I have an ex who is a courtroom warrior as well. I did get a s91(14) order, valid for three years. It ends next Feb, so I'll be interested to see what happens after that. Just for information, s91(14) orders can be appealed, so the immediate result was more litigation, not less. It was worth it in the end though.

thank you, do I need to apply for the 91 (14) and complete paperwork or just ask the judge to consider it? Is the time, ie the 3 years set by the judge case by case? Seems a long time given this is about growing kids, then again, they have made their wishes clear, I dont understand why he is even heard this quickly after the last hearing...

Best to complete a C2 application, although in theory it's not absolutely necessary. Before the final hearing make it clear (in perhaps the final directions hearing ) that you will be applying for such an order, and ensure the court makes a record of that on the face of the final directions order.

To answer your second question, the time is set by the judge based on the particular case.