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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Family Law
Satisfied Customers: 5798
Experience:  Dual qualified Solicitor and Attorney
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Please could you advised I am divorced with two children G8

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Please could you advised
I am divorced with two children G8 B13. Children arrangement has been in since Oct 2016 via mediation. Overnight every Wed and every other weekend overnight Fri-Sun.
During lockdown: Overnight every Wed, children leave at 4 pm Thursday to allow for homeschooling, and every other weekend overnight Fri-Sun, children go at 4 pm Monday.
On the 8th June, dentist went back to work. Before this, I email the children mother as soon as I know the change in the dentist situation and mentioned two ways of going forwards:
1) I will look after the children overnight and then go to work late on Thursday and bring them to her house at 10 am.
2) I will hire a Nanny to care for the children on Thursday morning from 8 am (I leave for work) to 4 pm.
The children mother wrote back to say that I am not an essential worker, and as such, I have chosen not to care for the children, and that is a direct example of my selfish behaviour. Further to it, she states that as a result, the children will no longer coming over to my house on Wednesday. If she does not make the children available tomorrow I would be unable to celebrate by son 13 birthday as well as it was the 8th June and I have said we will celebrate when he is with me this Wednesday.
The contact has been broken previously on numerous occasion. I am aware that I need to go back to mediation before court application as the last one was in Feb 2019 again due to her stopping children from seeing me.
I am planning to go to court to get the children arrangement legally binding. Could I have the following advise:
How should I apply to the court i.e. specific order application?
Which form should I fill in and where online could I access it, please?
Due to COVID how long does it take to get first hearing as I read the court have a massive back log. My family court is in Slough.Thank you
Bob

Hi Bob, as you have the child arrangement order you do not need to go to mediation again now instead you can go for enforcement of the order.

to do this you will need to fill in court form C79 available here: https://www.gov.uk/government/publications/form-c79-application-related-to-enforcement-of-a-child-arrangement-order

You can use the guidance here if you need help with this: https://www.gov.uk/government/publications/enforcing-a-child-arrangements-order-cb5

Send it to the court nearest to you that deals with cases involving children, you can find one here: https://courttribunalfinder.service.gov.uk/search/. It costs £215.

The court will look at the facts again to see if anything has changed. If the court enforces the order, then

depending on your situation and what you’ve asked the court to decide they might make:

an ‘enforcement order’ - this means your ex-partner has to do between 40 and 200 hours of unpaid work
an ‘order for compensation for financial loss’ - this means your ex-partner has to pay back any money you’ve lost because they did not follow the order (for example if you missed a holiday)
You can go back to the court if your ex-partner still does not do as the court ordered.

In terms of the court timing it does vary from court to court but such application is considered urgent so it should be days or weeks rather than months.

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 1 month ago.
Hi Jeremy,
Sorry I didn't make it clear. We agreed on the arrangement during mediation back in Oct 2016.
Customer: replied 1 month ago.
I appreciate you are busy and can not take calls, thank you for yours help. If I don't have a court order and just a mediation agreement is my court application pathway still the same or do I needs a different approach and form?
Thank you

Hi thank you for your message, I recommend you then look to get a child arrangement order such an order can set out who looks after the child and when. Such an order once made can be enforced if it is breached. You would not need to go to mediation again. To do this you need to fill out form C100 which can be found here: https://www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge

You can find guidance on filling out the application here: https://www.gov.uk/government/publications/family-court-applications-that-involve-children-cb1

Send the original form and 3 copies of it to the nearest court that deals with children, you can find your nearest court here: https://www.gov.uk/looking-after-children-divorce/apply-for-court-order

The application will cost £215. If you want to find a solicitor to assist with this process and represent you at the hearing you can find a solicitor using the Law Society find a solicitor search option here: https://solicitors.lawsociety.org.uk. You can search by town or postcode to find one near you, as well as area of law in this case family law. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

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