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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
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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Please find attached a copy of my proposed C100 application,

Customer Question

Please find attached a copy of my proposed C100 application, any pointers and adjustment advice greatly welcome
Submitted: 11 months ago.
Category: Family Law
Expert:  Clare replied 11 months ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you

When was the last Order made and was it a final or Interim order?

Customer: replied 11 months ago.
last order was made 08.04.2016,this was due to me applying for enforcement and breach of order.
Expert:  Clare replied 11 months ago.

Sorry - the last Order was an enforcement?

Customer: replied 11 months ago.
sorry no it was a final order.
Expert:  Clare replied 11 months ago.

So the final Order was made in April and this is about enforcing the Order?

If so why are you using a C100 rather than a C79?

What does the Order say about Contact progressing from the Contact Centre?

Customer: replied 11 months ago.
well i want to vary the current order, also i have proof that the order is clearly in breach
the order is wooly at the point of progression, the wording states that the applicant and respondent shall notify the contact centre when the placement is no longer neededI have just received a mail from my daughters school wher it is now confirmed that my ex has indeed changed my daughters name and clearly in the order it states that it is an offence to knowingly make a child known by a different name.the District Judge stated to my ex at the last hearing that she was in breach on several counts, and made quite clear that if she was to breach the order again then action would be taken,WHAT SHOULD I DO
Expert:  Clare replied 11 months ago.

Just to check - she has not actually breached the agreement in terms of the time that you spend with the child?

Customer: replied 11 months ago.
No when contact takes place it is for the 2 hours or there about, as often arrives 10-15mins late
Expert:  Clare replied 11 months ago.

Ok

So what you wish to do is vary the existing order to provide for progression of contact

In that case you WOULD have needed to have attended a MIAM before issuing the application (I know you were told you would not but that is not correct)

However your ex has made it easy for you as you now also need to apply for an Urgent Specific issue order regarding the name change - so you can tick the urgent box and avoid the MIAM

In the Nature of the applictaion box write

1. To enforce the use of the correct name

2. To deal with progression of contact

at box 3b

1. I have been informed by the school that my daughter has been registered in he name xxxx

2. The respondent has refused to follow the stepping stones approach suggested by the contact centre and has said I will never see my daughter outside of the centre

Box 4a - 1.Enforce the use of the correct name, 2. Set out the pattern of future contact to include staying contact

Reason for urgency - The name issue needs to be resolved urgently

It cannot be a without notice hearing - it is not the type of application that can be dealt with in this way

Please ask if you need further details

Customer: replied 11 months ago.
Wow, Thankyou.
would you say that the rest of the form was ok?
and to be filed as the c100
Expert:  Clare replied 11 months ago.

Yes it is fine

Clare and other Family Law Specialists are ready to help you
Customer: replied 11 months ago.
Thankyou so much,
I hope that we talk again as I will be back very very soon,
this is a very delicate time and i need to make sure I have everything in place as to prevent needing to return to court unless it is for the respondent not complying with the order that I hope the judge will put in place.
you have been fantastic
Thankyou Clare
Customer: replied 11 months ago.
sorry Clare, i have just re read your post,
It cannot be a without notice hearing - it is not the type of application that can be dealt with in this way
please explain what i have to do then, if it is not a without notice application.
Expert:  Clare replied 11 months ago.

You still make the application you just do not tick that box - the matter will then be listed for a hearing and you will have to send the paperwork to your ex