contact/shared res/self rep help!!!

Hi I could do with some help, i have a bit of an idea about these things as my partner has gone through it but i'm now trying to help my brother under completely different circumstances.

My brother has a 2 year old daughter and a baby due anyday soon, because of numerous valid reasons (nothing criminal basically a split long time coming) he has seperated from his partner. Who has now decided to use the children as pawns. he has had hourly contact on a couple of occasions over the last 2 weeks but on her terms and supervised by her. she has told him the only way he can see them more is to take her to court

basically to cut a long story short i need help with a few things

he wants to apply to court himself because solicitor is very slow and an unecessary expense when no reasons to deny contact

what forms do we need to apply to court?

he has PR but is struggling to determine the pro's and cons between shared res and contact. he wants children as much as poss any ideas which would be best

with daughter he has been there since day 1 and has flex working hours has secure place to stay so ex cannot deny that he doesnt know routine,cant look after them etc

any help greatly appreciated
L

I can't help over the forms though I am sure someone else will. As for whether shared residence or contact would be better - that would be for the courts to decide - and they will be looking at what would be best for the children.

It might be an idea to point out that court is not in the best interests of the children - and its expensive and takes time - and perhaps the parents could try mediation instead?

Hi

www.wikivorce.com/divorce/UK-Court-Forms...nformation-Leaflets/

Hi,
He can download the C1 form here,
www.hmcourts-service.gov.uk/cms/index.htm
4 copies, best to fill out the forms before printing them up.
He then needs to take the forms to the court and hand them in along with the court fee (usually about £175)
He will then be given a directions hearing within a few weeks.
Interim contact can be asked for and may well be given at the directions hearing.
This directions hearing is little more than a formal meeting with the judge (about half an hour), the judge will weigh up the merits of his case and allocate a date and time scale for the main hearing.
Mediation may also be arranged at this hearing.
He will not need to prepare his main statement for the directions hearing, just an outline of what he wants in regard to contact.
As he's already enjoying contact and the case seems quite straightforward (no allegations from her) I would say that this case would be very easily self represented.
Best of luck.

How long have the parents been separated and what were the arrangements for work and childcare during the relationship?

It sounds as though the split was fairly recent and things are very raw. Good contact for children relies on parents working together and forcing arrangements through the courts can damage long term family relationships beyond repair making that impossible. Therefore, unless your brother's position will be jeopardized because of a change in the status quo, mediation or solicitor negotiation may provide a better long term solution.

As a point of information the application form for a shared residence order or contact order is now Form C100.

Yes, try mediation first if possible or thru family member. There is good advice in above two postings. If it goes to court, there may also be a CAFCASS report.

For expert help on regarding contact/residence, see www.fnf.org.uk and attend their nearest meeting. If in London, go to Central London branch on tuesday evenings. They will clarify questions he has.

Am I completely missing something here?
Or am I the only one who can see this part of the OPs post?
Quote:
"Who has now decided to use the children as pawns. he has had hourly contact on a couple of occasions over the last 2 weeks but on her terms and supervised by her. she has told him the only way he can see them more is to take her to court"


It's seems clear to me that talking to someone who has taken this stance is a complete waste of time.
In my opinion the best thing to do here is cut through all the huggy huggy BS and go get a contact order to take control away from her ASAP.

She instigates the conflict, so the answer is "talk to her nicely and she might allow you some time with your child" is it?

I really am a bit fed up with all the MFJ candidates telling people to use kid gloves on those who use their children as weapons to beat their ex's with.

Thankfully the courts are now getting tougher with these cretins and they will eventually learn that children are not their "dollys" that they lend out once or twice a month "if you play the game by their rules".

If going to the courts pees them off, so what?
It's their choice, allow your child to have a proper relationship with the other parent or a judge will make sure you do so.