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C100 if ex ignores court letters?

2 replies

EmpressMummy · 07/08/2022 08:39

When I divorced 10 years ago, we never had any child arrangements put in place. At the time it suited us both. Ex wanted minimal access on his terms and I didn't want to force DD to spend time with someone who wasn't bothered about her.

Over the years things have ebbed and flowed but two summers ago, she was rushed to hospital and diagnosed with type 1 diabetes.

Me and hubby were not allowed to take her home without five hours of training. The ex refused to attend even though hubby said he'd stand aside to allow ex to join.

Hospital have regularly offered training to ex over last two years but he's refused so she's not allowed to see him unsupervised and therefore hasn't seen her since. He will only see her if she goes to stay overnight and hospital support the position he needs to know basic diabetes care before she can which he continues to refuse to do.

We want to go on a family holiday to California next summer (long awaited honeymoon as we married the weekend before Lockdown 1) but he has ignored my request to confirm she can go and subsequent letters from my solicitor too.

I'm now submitting a C100 to get a formal living with order which will allow me to holiday for up to 28 days out of the UK without having to ask him but I'm just curious as to what will happen if he continues to ignore letters from court about the case? Will they eventually grant it anyway?

It sounds really trivial in the grand scheme of things to just want a holiday but we had a tough ride for the first two years with diabetes. It's so frustrating knowing I am so responsible for her health every day (and he doesn't give a fig about it) yet I still can't take her on holiday.

OP posts:
JustAnotherLawyer2 · 07/08/2022 14:11

If he doesn't attend the first hearing, and hasn't spoken to cafcass, it'll be adjourned for a second try. At the second hearing, if he's avoided contact with cafcass and not turned up for the hearing, it's very likely an order will be granted.

No guarantees of course, it's court, but it's just a CAO, so unlikely to be contentious if he doesn't bother attending.

EmpressMummy · 07/08/2022 17:28

Thanks. I just want to get on and book our trip so DD knows she has something to look forward to as the last two years have been rubbish for her.

He has always used the holiday permission as a way to control and its so hard trying to avoid her questions now she's older.

My solicitor (despite being expensive) hasn't really explained the process. She's just said they won't refuse to grant the LWO but I'd no idea cafcass is always involved regardless. Hey ho. Just got to be patient.

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