where to start? C100 and statements?

My partner has just been told that he no longer has access to any of his children (3) due to the stbx concern about their 'saftey' while he spends time with them. If he wishes to see them then he has been informed that he must arrange supervised contact via social services. I must stress that this is utter and complete nonsense and has been used as a tool to hurt and punish him in retaliation to him unearthing that he has been overpaying her for mortgage etc; She refuses any contact with him so mediation is out of the question.
I am quite certain that she is not aware of the Contact Order process, and believes that it is just a case of dropping the children off at a contact centre and thats that.
He is off to see the CAB tomorrow however he is unsure of what the steps are.
Obviously she has dropped the 'concern for safety' bomb, so it may go to a cafcass report.
We understand that he has to file a C100, however when that is filed does he then also file a statement and a parenting plan at the same time?
Coincidently he was contacted last week by stbx best friend (now ex) voicing her concerns over how the children are currently coping living with her and that she does not believe children are stbx main priority right now. He obviously does not want to start a mudslinging match however the 'friend' has information about stbx motives and statemnets made by her to such effect as 'I am going to ruin his life and ensure he never sees his kids again, any way I can.'
Can you include witness statements at the point you file C100 or will cafcass interview family and friends at a later date?
Is there currently a long back log for cafcass reporting in the north of england?

No, he doesn't need to enclose the parenting plan and position statement with the form C100 though it is a good idea to prepare these ready for court. Read the booklets CB2 and CB3 on filling out and serving the forms. He just needs to say at question 3 that his ex is preventing all contact and he is applying for an order for contact (or shared residence).

Supervised contact has to be ordered by the court and there need to be good reasons why it should be supervised. There is a considerable waiting list, and depending on area the parent wanting contact has to pay initially to set up the contact and then pay by the hour.

My experience (limited) of the CAB is that they are pretty poor on family court issues. The advice available here is far superior!

The court should only request a report from CAFCASS if there are welfare issues, which the ex presumably will raise when she responds to the Petition. The backlog for CAFCASS is anywhere between 15 and 40 weeks. Have a look at the Ofsted website for a report into CAFCASS in your region: www.ofsted.gov.uk/Ofsted-home/Publicatio...ents-by-type/Cafcass.

Thanks so much for your help, from reading your other posts I understand you have gone through this for years and my partner is so hoping this will not be the case.
There are absolutely no welfare issues with my partners ability to care for his children when they previously had staying contact, this is quite simply retaliation for financial issues raised by him recently.
She has threatened supervised contact previously when she was unable to get money so this is a tantrum pattern unfortunately.
If we were in a financial position to seek a solicitor we would, however this will all be LIP and other half is not confident when faced with his ex. She was very very controlling during their marriage, so much to the fact he did not have a debit card for the joint bank account and had to be forced to ask for 'pocket money' each week. She knows how to manipulate him so he is very aprehensive about attending the court hearings. However he has found support in a lot of unusual places recently, her ex friends and his family so he feels confident that what she is doing is wrong and for the sake of his children knows its the right thing to fight this anyway he can. We are hoping the CAB can at least outline the basics of what he needs to do.
She will lie both in court and to CAFCASS if it gets that far, I am absolutely certain of that, as is he. I do believe this to be his main concern at the moment. Ideally, we would love to get a judge at directions that realises she is playing lies and tantrums and order mediation however that is just wishful thinking so we are hoping that cafcass interviews the children and relatives so the truth will come out.
we have done a lot of research and he is going to prepare his statements to be entirely child focused, no ill speak of ex and prepare a very detailed parenting plan so fingers crossed it will go fairly. Will be on here loads I am sure as we progress and you are right, there is a very substantial amount of resource and help on this board, its absolutely fantastic.

I honestly think he's better off without a solicitor - waste of money! I would advise using a McKenzie, however. It is fairly well established now that a McKenzie can have Right of Audience, that is, the right to address the court, in certain circumstances. One such circumstance is when a litigant feels intimidated by the other and feels unable to cross examine them; there are precedents for this (e.g. Re N (A Child) (McKenzie Friend: Rights of Audience) [2008] EWHC 2042 (Fam)). Obviously at other times your ex would have to address the court himself. It is well worth asking the court for leave to do this, and they can only say no. You need to argue for exceptional circumstances; it could be presented to the court as the most effective way to achieve justice by reducing conflict and saving time. I appreciate you're a long way from that at present.

One other tip: it can be very difficult for a judge to get a feel for what is going on in a case, especially if there is a lack of judicial continuity. It can be worth waiting for a later hearing just to get the same judge, even if this seems to be delaying proceedings.

Well after attempts at contact via mediation and no response OH is now filing a C100 today.
He kept his statement very short and factual as suggested on here.
We know what the next steps are re: filing, serving respondent and date for Directions but now sure on what info to gather and prepare?
Am I right in thinking that he should prepare a very detailed statement, proposed contact dates/times for all the children and possibly speak to family/friends about providing witness statements?
Fingers crossed this will only get as far as directions and a Judge will order consilliation or mediation.

rosiepose wrote:

Well after attempts at contact via mediation and no response OH is now filing a C100 today.
He kept his statement very short and factual as suggested on here.
We know what the next steps are re: filing, serving respondent and date for Directions but now sure on what info to gather and prepare?
Am I right in thinking that he should prepare a very detailed statement, proposed contact dates/times for all the children and possibly speak to family/friends about providing witness statements?
Fingers crossed this will only get as far as Directions and a Judge will order consilliation or mediation.

Hi Rosieposie, we are going through exactly the same thing as you at the moment and reading through your posts has been incredibly useful. Let me know how you get on, fingers crossed it will work out for you.

Well everything is filed now and OH now starts the waiting game. He included an additional statement to ask for interm contact over christmas.
still sending a text to mum in law every week asking for mediation. no responses, no acknowledgments.