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plclegal
plclegal, Barrister
Category: Family Law
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Experience:  Barrister at law
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How do I fill in a c2? I have been issued with a court date

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How do I fill in a c2? I have been issued with a court date for children's act and have to attend court on the 15th September but I don't have legal representative and I'm entitled to legal aid

Good morning.

My name is ***** ***** I specialise in family law. I’m happy to assist you today and I appreciate that is is important that you find a resolution as soon as possible.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information.

I'll do my best to resolve this for you, please give me time to review your question and I will revert back to you shortly.

You use the C2 form to apply for a court order within existing proceedings.

What court order are you applying for please? You would normally just put in section 6 the types of orders you are applying for, then you can attach a short statement in support of the application. So, for example, if it's a prohibited steps order and child arrangements order, you would put in section 6:

1. Prohibited steps order that XXX be prevented from doing XXX

2. Child arrangements order

Please see attached statement in support of this application.

The rest of the form is mainly just contact details and names/ dates of birth etc.

I trust that this helps?

Customer: replied 16 days ago.
It is a child arrangement order I wish to over turn, my husband has made a urgent without notice order
Customer: replied 16 days ago.
I am wanting to adjourn the meeting so I can seek legal help.
Customer: replied 16 days ago.
What do I put in the details of application?

If you are seeking an adjournment you could simply put:

1. An order that the matter is adjourned for 2 weeks to enable the respondent to appoint a solicitor under legal aid funding, such funding having been applied for but yet to have been approved.

However, it's not likely the court will agree to an adjournment, as it's just an initial hearing. If you don't have a solicitor in place yet you may have to prepare to represent yourself at this hearing.

I always suggest putting together a short position statement as that way you don't have to remember what you need to say as it's all written down.

I hope that this helps?

Customer: replied 16 days ago.
What does short position statement mean?I have evidence to show the judge, do I have to send all these with the c2,
I have asked the other parties solicitor if they would agree to an adjournment.
Customer: replied 16 days ago.
Also what order am I applying for and how would I put this please

You can attach evidence to a short statement but if you are just asking for an adjournment then this shouldn't need evidence attaching other than confirmation that you legal aid application has been made.

I put the text of the order sought in the reply 22 minutes ago.

Customer: replied 16 days ago.
Thank you, ***** ***** try and work it out
Customer: replied 16 days ago.
One more question, am I the applicant on the c2 form?

Yes you would be the applicant on the C2 form.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

Customer: replied 16 days ago.
OK thank you so much, your help has been really good. Fingers crossed I can get the date adjourned so I can get a legal representative sorted

Best of luck, happy to help.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

Customer: replied 16 days ago.
Can I keep this open just in case I need to ask more questions regarding my case?
If I cannot get the date adjourned and I have to represent my self I would apply with a c2 for a prohibited steps order that Mark is prevented from doing a cao?
Customer: replied 16 days ago.
can for myself
Customer: replied 16 days ago.
I have worked so hard with the me tal health team to get well mentally and physically I cannot let an old report from social service win. I have evidence e to support all this

Nothing final will be decided at the first hearing, even if it goes ahead.

So there's no need to ask for a PSO preventing him applying - which won't work in any event.

You can keep the thread open, if we need to start a new thread for a new topic I'll let you know.

Customer: replied 16 days ago.
the first hearing I should apply for a cao on the c2, he is basically being granted custody via an emergency order from old evidence and I need to attend on the 15th September. But with no legal representative most probably
Customer: replied 16 days ago.
If this is going to happen I need to be prepared.
Customer: replied 16 days ago.
It's so confusing

You can make cross applications for a CAO and PSO in your C2 as well as asking for an adjournment.

The might be the best tactic to ensure nothing is decided on the 15th if it goes ahead (I was not aware he was seeking emergency custody - but to be fair if the court though it was a genuine emergency the date would have been set much earlier than the 15th), as with cross CAO applications the court will need to list this for more time than will have been allowed and the status quo should at least then remain in place.

Customer: replied 16 days ago.
The children were taken from me by social services and I was issued a court date of a weeks notice.
You really are amazing help so far
Customer: replied 16 days ago.
I had told the father that now I am better the children will be residing with me and he responded with threats of social services which I'd already contacted and they said there was nothing on the children, he then proceeded to court with an emergency hearing who granted him custody based on the evidence he gave which was evidence from a year ago and it states that once better I want to get my girls back home
Customer: replied 16 days ago.
or that I will be seeking legal help so I can get the girls back
Customer: replied 15 days ago.
Do I have to pay a fee for the Cross applications when I'm entitled to legal aid?

You can ask for help with fees - look up the Ex160 form on www.gov.uk.

Customer: replied 14 days ago.
Will I have to pat for the cross application initially when I can get legal aid?

Good morning - not if you file the help with fees form, the Ex160 as I suggested yesterday. The form is here:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/952045/ex160-eng.pdf

Customer: replied 14 days ago.
Sorry I didn't see the answer yesterday,
Thank you your help has been invaluable x

Not a problem and very happy to help.

Customer: replied 14 days ago.
Also will I need to file a statement alongside these? And attach evidence of monies? Sorry I'm nervous
Customer: replied 14 days ago.
Thank you for you help, I have managed to appoint a solicitor once back off annual leave

Great news, happy to have helped.

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