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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 4708
Experience:  LLB (Hons)
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Recently I had a court hearing for contact order of my son

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Hi hi recently I had a court hearing for contact order of my son and it didn’t go well . Apparently I’ve made the wrong order .
JA: What steps have you taken? Have you filed any papers in family court?
Customer: I have an existing order from 2014. At the start of the national pandemic my contact was stopped . Now it has resumed again . However my application was about an overall picture of the behaviour of the mother over many years and my son freddie is in the middle . What can I do ? I’ve just left a court conference hearing where I had to withdraw my application as I am back seeing my son . This was never my only issue
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: Yes it was in Warwickshire and I live in Leicester
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I’m just reaching out for help And advice really

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

What application did you make? A C100 or a C79?

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Customer: replied 1 year ago.
C100

In that case, that is why the court decided to ask you to withdraw your application, as contact had been resumed. A C100 only deals with the contact (or other s8 orders).

If you had wanted to make an enforcement application against the mother for breaches to the order, you should have applied on form C79.

You will now need to wait to raise these issues until (or unless) the mother breaches the order again - if she does, you should make a C79 application and the court will then be able to investigate the history of the breaches, decide whether they were reasonable or not, and if necessary make sanctions against the mother.

Customer: replied 1 year ago.
Ok I understand . Is there any application I can make For the struggles I am having , the behaviour of the mother and how this affects my child .How do I bring this case to court

If you feel that the mother's behaviour is negatively impacting on the child, you should not have withdrawn your application - you should have informed the court that you have safeguarding issues (if that is what they are).

Otherwise, as I said, you'll have to wait until she breaches the order again before you can apply to the court. The court's paramount interest is the child, so unless something is directly impacting the child and the relationship with the parents, then the court is not going to be that interested.

Customer: replied 1 year ago.
Thank you . When I spoke to cafcass I was told these were not safe guarding issues as such as I didn’t persue them . I have had a torrid 8 years and I am now completely lost of my next step . Yes I am back seeing my son but it is always so difficult and her behaviour is outrageous .The mother will sit around a corner to hide away with my son when I go to collect . What application would I make for how my life with my son is when it so controlled by the mother . I am completely lost .

If the mother continues with this behaviour (which from what you say seems entirely likely) you will soon have enough fresh evidence to make a new application.

Customer: replied 1 year ago.
which application should that be . Not a c100 form ?

If it is needed because she is breaching the child arrangements order, then it should be a C79 application to enforce.

Customer: replied 1 year ago.
There is no order for those things . It was 2014, from that point I was not seeing my son . I won contact , to over night etc . The last 7 years have incredible problems . Is this still. C79 order ? I was just told by conference call in court there was nothing to enforce . How do I apply to a court for the way my son is being raised . I’m completely lost

Is there a child arrangements order in place for you to see the child?

Customer: replied 1 year ago.
but it is very old.I am seeing my son now after the first wave of covid 19 but I have many others issues and I thought I would get that opportunity for some support . I have no idea what application to make about my concerns

In that case if you feel the order is too old and doesn't reflect what the arrangements should be, you can apply on C100 for a variation to the current order.

Customer: replied 1 year ago.
That was I thought I was doing . But because I’m back seeing my son the judge said I should withdraw . I am completely lost . I was stopped seeing my son during covid 19 and I’ve had 7 years of problems . So I have no idea what to do now . I have just been through your suggestion

That is the correct way to get a variation of an order.

If you have withdrawn, you will have to start again.

Customer: replied 1 year ago.
Does this cover mother’s behaviour ? And my concerns for my son . Will I be charged for this or be refunded the 200 pounds that I’ve paid ?

Yes, if you make an application to vary the current order, the court will order CAFCASS to look into the matter as they would have done previously.

You won't get a refund - the court heard your application, and advised you to withdraw it (they'd have dismissed it if you didn't withdraw it anyway).

I'd appreciate if you could kindly take a moment to rate positively as that is how I am paid for assisting you today - thank you.

Customer: replied 1 year ago.
this is still via a c100?

Yes.

Customer: replied 1 year ago.
Thank you . Is it worth ringing the court admin in the morning to explain my situation of what I’ve paid out ? Or is it simple as filled out the forms wrong ?I am confused I wasn’t told as the application went in

The court staff can't give you advice, so they wouldn't have told you when the application went in. There's no point in calling the court - the admin won't be able to do anything.

Just fill in the application again.

SASH_Law and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you , so did I have any other choice but to withdraw and start again ? Or could of adjourned or done anything different today ?