Ask a Law Question, Get an Answer ASAP!
Hi, I'm Lea and I have reviewed your query.
What application did you make? A C100 or a C79?
Please read the following:
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.
If you feel that the mother's behaviour is negatively impacting on the child, you should not have withdrawn your application - you should have informed the court that you have safeguarding issues (if that is what they are).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.
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.
If it is needed because she is breaching the child arrangements order, then it should be a C79 application to enforce.
Is there a child arrangements order in place for you to see the child?
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.
That is the correct way to get a variation of an order.
If you have withdrawn, you will have to start again.
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.
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.