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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Im in the middle of a domestic dispute. I have a 22mth old

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Im in the middle of a domestic dispute. I have a 22mth old baby. I have been abused physically, financially & mentally. Police have been involved & issued my ex with a P.I.N. for harrassment. I am now concerned if he has access he will not return her home. I am at the end of my tether & have been bombarded with advice from social services, worth services & a solicitor by telephone. Today I went to the court & was advised to fill in a C100 & a non-molestation form. I filled these in a hurry as my daughter was distressed. It has cost me £290 which I cannot afford to lose. When I saw the judge he said, I have been given bad advised & the forms wernt filled in well. I am now very distressed & worried that I have filled in the wrong forms. Do you think if I ring the court in the morning, would they suspend any action untill I see a solicitor. Thanks Debbie
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to help you but I need some further information first.
Looking first at the C100 what was the problem?
Did you keep a copy
Claire
Customer: replied 3 years ago.


no I didnt get one. I am also really unsure now on what Ive even written on it. I was very rushed, had my daughter with me & was on a time limit. I now feel like I shouldnt have even filled in this form. Social services are involved with my situation & have told my ex partner that I am going on holiday on Saturday & they have 'strongly' advised me to deny him access, which I did. 2 days ago the social worker changed her mind (i feel like she has really contracticted herself in the conversations we have had). She then told him about my holiday & said I had to give him access the day before we go away. I am worried that he wont bring her back (purposfully). Got told to go to court to stop him taking my daughter. I am very confused. Never been in this situation before. Also been told to fill in the non-molestation/occupation order. Which I have done. I now feel like I have done the totally wrong thing. I wish I had gone to a solicitor. But I am very short on cash. Can I withdraw the orders???

Expert:  Clare replied 3 years ago.
Hi
Deep breathe.
The form is here
http://www.thecustodyminefield.com/CourtForms/C100.pdf
and how to fill them in is here
http://www.thecustodyminefield.com/CourtForms/C100Checklist.html
You are asking for a Residence Order and a defined contact Order.
Go through this now and complete it and then you can take it to the court tomorrow and ask them to use the new form instead
Send him an email or letter confirming that you are willing to Offer him contact at a local contact centre on your return from holiday if HE sets it up (www.naccc.org.uk)
So far as the Non Molestation Order is concerned if the police are already involved this is superfluous really - but what you do depends on how far it went with the Judge.
I hope that this is of assistance - please ask if you need further details
Claire
Customer: replied 3 years ago.


Thanks. I will text my ex. Because he told me the other day he has moved & also it was none of my business where to. So I have no address & he has no e-mail. I will do the form again. Properly this time. As for the non-molestation, I take it I wont get my money back. The Judge was not friendly at all & I did come away felling like a total fool. Will they stop the form from being sent if I ask?

Expert:  Clare replied 3 years ago.
Hi
Did the Judge refuse to grant the Order?
Claire
Customer: replied 3 years ago.

He said he wouldnt do it without my ex partner knowing about it. So the forms were there all stamped & ready to go. I just wanted to ask for them back. I didnt have enough evidence or something. I am very worried I have made a fool of myself. My ex is already laughing at me. I should have got legal advice. There are lots of issues going on. We cannot communicate with each other at all. I spoke to my ex the other day & he just ended up shouting at me, so I hung up. I have texted him today that I am refusing him access & to go through his solicitor from now on & not to text or phone me. We have seriously got a communication breakdown. I dont want to see him or risk him not bringing my daughter back. He is very spiteful & would do this to ruin mine & my daughters holiday. Im not happy with the social worker who I have been in contact with a lot. I feel that she shouldnt have even told him Im going on holiday. I just hope she hasnt told him where.

Expert:  Clare replied 3 years ago.
Hi
When is the next hearing date - it will be on the forms?
Claire
Customer: replied 3 years ago.


i have no dates for the hearing or any forms. He kept them.

Expert:  Clare replied 3 years ago.
Hi
Ok did they say that they will serve the documents send them to your ex?
Claire
Customer: replied 3 years ago.

Yes. but Im worried because I think what I wrote was rubbish. I should have spent more time & got advice about them. I dont want my ex to see how dumb I have been. I should have been more professional. How long do they take to send the forms off? Can I stop them being sent?

Expert:  Clare replied 3 years ago.
Hi
Please do not worry - I am certain that the forms were passable
It is unlikely but not impossible that they were sent out last night .
If they weren't then you should ask for a copy - and if the C100 is incorrect then ask if you can change it for the forms that you have completed in your own time.
there is no need to even think about withdrawing this claim - you need these orders to protect you and your child
So far as the non-molestation application is concerned if they have not been sent you can either withdraw the application or again polish the wording up and ask to substitute them.
It is an unusual request - but just say you realise that there were factual errors that need correcting first.
If they have gone out DO NOT panic.
Just because one judge was snotty about them does not mean that another judge will not be more sympathetic.
All family law Judges are struggling with a flood of people having to fill in difficult forms themselves and can be grumpy about it when given the chance
I hope that this is of assistance - please ask if you need further details
Claire

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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