Hi, thanks for your question. You should be seeking for leave to file a response to the statement and application if no direction has been made but it will be for the applicant to prove that there is a risk and necessity for the order. At the hearing the judge will likely discuss am undertaking to be offered by you to the court to prevent a fully contested final hearing and the undertaking will be less onerous than a non-molestation order. You should attempt to have your court application issued to be heard initially at the next hearing to prevent delay - given that a non-molestation order is in place the mediator will likely state mediation is unsuitable. You may be able to argue you should be exempt from mediation as there aware existing proceedings and it is in the interest of the child for a swift decision.
The application to court is under Form C100 together with a £215 court fee to your local family court for a child arrangement order and the court can make a decision regarding the matter. For your information the Court will take into consideration the following when making a decision regarding the application:
1. The wishes and feelings of the child concerned2. The child’s physical, emotional and educational needs3. The likely effect on the child if circumstances changed as a result of the courts decision4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision5. Any harm the child has suffered or may be at risk of suffering6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs7. The powers available to the court in the given proceedings
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