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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 1150
Experience:  LLB (Hons)
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I am lookinf for the criteria needed to apply for an 'urgent

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I am lookinf for the criteria needed to apply for an 'urgent hearing' or a 'without notice hearing' in relation to a C100 application for a Child Arrangements Order
JA: What steps have you taken? Have you filed any papers in family court?
Customer: I am in the process of completing an initial C100 form (the application)
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: It is County Durham Family Court
JA: Anything else you want the Lawyer to know before I connect you?
Customer: There has been documented domestic abuse and there exists a non-molestation order.
Customer: replied 9 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 9 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

Hi, I'm Lea and I have reviewed your query.

Are you applying for a child arrangements order, or another s8 order?

Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be helped online.

Customer: replied 9 days ago.
Child Arrangements Order

Has something happened that makes you want an urgent or without notice hearing?

Customer: replied 9 days ago.
I do not know the criteria. My ex-partner has a history of domestic abuse and continues to do so by virtue of the fact that I have been denied access to my children for over 3 months. I have presented to my doctor with disabling levels of anxiety and depression secondary to what she is putting me through. I also have concerns where in the past my ex-partner has had men around my children who use and store drugs accessible to my children.

Unfortunately, urgent and without notice applications are reserved for specific issues and prohibited steps orders, not for child arrangements.

 

Child arrangements are always on notice to the parent with care of the child, as there is nothing the court can do without seeing both parents and assessing the situation, any allegations made by either party, or the children and so forth.

 

If you haven't seen the children for three months at this stage, the court will not entertain an urgent or without notice application, even though you had concerns about men your ex has around the children. If these issues are still ongoing, and recent, you could make an urgent application for a prohibited steps order to prevent the mother allowing the children into contact with these people - but you'd need to provide some evidence to the court of your allegations. It would not be a without notice hearing though - the court would want to hear from the mother as to what was going on.

 

Does that assist?

Customer: replied 9 days ago.
I understand the above. Am I right in thinking that I can proceed with the application for the Child Arrangements Order without approaching a mediator (given the history of domestic abuse).

Yes, you can claim an exemption if you fit the criteria.

Customer: replied 9 days ago.
And can I assume that I have parental responsibility if I was present at the registration of our child?

If you are on the birth certificate you have parental responsibility.

Please kindly take the time to rate positively using the five stars at the top of your page as that is how I am paid for assisting you today. Thank you.

Customer: replied 9 days ago.
If I have submitted considerable written and corroborative evidence as the respondent to a non-molestation order, that my (now) ex-partner domestically abused me, wherein the non-molestation order was upheld, can this be considered a 'finding of fact [...] that there has been domestic violenceby a prospective party' for the purposes of an application for a Child Arrangements Order; namely a MIAM exemption under Section 3a (of form C100) for said domestic violence?

Please rate positively for the original response.

 

 

SASH_Law and other Family Law Specialists are ready to help you

Yes, if there is an NMO in force, that qualifies as an exemption from mediation.

Customer: replied 9 days ago.
And to the point above?

It's not a finding of fact unless there was a fact finding hearing.

Customer: replied 9 days ago.
As part of being a respondent to the application for a non-molestation order, following the refusal (in-person) of the applicant to accept an undertaking on my part, there was another hearing arranged (the legal name of which I do not know). I submitted significant written evidence to the court for this hearing, but was unable to attend in person for medical reasons. Is it likely that this was a 'fact finding hearing'?

Possibly - hard to tell from such brief information.

Customer: replied 9 days ago.
What further information do you require?

I think your question has been answered in that there has been domestic abuse and therefore you are likely to be entitled to exemption from attending a MIAM, so you can tick the relevant boxes in 3a of the C100.

 

You said there was an NMO - you tick 'a relevant protective injunction'.

 

If you have any further questions please post them as new ones.

 

All the best.

Customer: replied 9 days ago.
If you had thoroughly read the above, you would note that I was the respondent to the 'relevant protective injunction'. My question is, as the RESPONDENT to the NMO (which was granted), and after an invitation to submit evidence (both written and in person; the latter of which I did not do for medical reasons), whether this constitutes a finding of fact for the purposes of the C100 form.

I did thoroughly read your responses.

 

The exemptions are not personal to you - it's whether EITHER party could do mediation. If there has been abuse, from EITHER ONE OF YOU, then neither of you are expected to go to mediation.