C2 prior to gatekeeping?

[Zoso]

Good Evening All,

I have 2 primary school kids. CAO is joint lives with, 6/14 + half holidays with me. About 3 weeks ago my ex took kids out of school to stop them from coming to me on days I am due to collect.

At the same time she filed a C100 with all the usual allegations.

We have a gatekeeping coming up in early June. I need to file and serve a PS in about a week.

Professionals are involved with the kids and have clearly stated there are no safeguarding concerns.
Kids school attendance has been appalling recently as Ex keeps kids off school to stop me from collecting as per order.

I plan to do a short position statement in response to her application.

Following that, I feel it is a good idea to do a C2 to be considered when the gatekeeping happens. Maybe for prohibited steps, enforcement, penal notice or urgent directions hearing. By the time I submit C2 application I will have evidence from services and school which will reflect badly on Ex.

A C2 application would let me get this into the mix.

I plan to do alcohol test results as well. I really want to accelerate things in any way I can as my ex is working on making kids reject me and tell stories about how terrible a Dad I am.

In an ideal world, I would like the gatekeeping hearing to reinstate current CAO, as entering long protracted proceedings equals child alienation. Ex knows this and I imagine that's her plan. Current CAO will be eroded if this takes 12-18 months to conclude.

How do you ask for enforcement and hedge all bets on that being outcome of gatekeeping, but also ask for urgent directions at the same time ?

Any ideas or tips would be a great help. I've never had a gatekeeping and do not know how best to influence.

Thanks in advance.

 

[Ash]

It's a bit late right now but I'll reply tomorrow - a lot to think about there. Are you still getting to see the kids at all? I dont know how you're fixed financially but have you thought about a part 25 application asking for psychologists reports on both parents? A C2 is needed to go woth that. Psychologists reports are the way to establish that the ex is an alienator or similar and they can recommend a transfer of residency. The report is a high level of evidence - higher than cafcass. The downside is - they cost money. Anything from £6,000 to £10,000 or more.

 

[Zoso]

It's a bit late right now but I'll reply tomorrow - a lot to think about there. Are you still getting to see the kids at all? I dont know how you're fixed financially but have you thought about a part 25 application asking for psychologists reports on both parents? A C2 is needed to go woth that. Psychologists reports are the way to establish that the ex is an alienator or similar and they can recommend a transfer of residency. The report is a high level of evidence - higher than cafcass. The downside is - they cost money. Anything from £6,000 to £10,000 or more.

 

[Zoso]

Morning Ash

Thanks for responding.

I have had a video call almost every day with kids since they have been withheld.

I believe Ex is trying to establish this as new status quo going into proceedings.

 

[Ash]

Sorry still tied up. Your ex is breaching a shared care order. Was it by consent or court ordered? (The shared care order).

 

[Zoso]

Hi Ash

Shared care was ordered at a contested final hearing against Ex’s wishes.

Mainly due to a S7 report from CAFCASS that recommended a decent proportion of the quantum of time for the kids. Shared Care followed after that was established.

Appreciate your time and thoughts.

Please get back to me when you can.

 

[Ash]

Thanks. Sorry - hectic day, I will reply later though. I'd like to give a reply when I've had chance to think properly

 

[Ash]

I read your post properly again. Yes this needs nipping in the bud. I am wondering if you should actually submit a C79 for enforcement, despite the fact she has submitted a C100. You can attach evidence with a C79 I think. Have you had the C7 response form yet as that also gives an opportunity to ask for an order?

 

[Zoso]

Hi Ash

I have an order re: gatekeeping and Ex’s C100 and C1A.

The only response form with all of above is the respond to allegations at end of C1A form.

No C7 attached. But I will check again.

I appreciate you have had a hectic day, that’s absolutely fine we all have them.

Happy to wait for your response when you have time.

Thanks

 

[Ash]

I came across this today on Just Answer. Similar situation to yours

"If contact has been suspended due to the allegations, then you can either apply on C2 for an interim decision, or you can apply on form C79 for enforcement of the order already in place.

A C79 should get you a hearing within 4 weeks, however the courts are really busy, which is why interim applications are often just listed alongside the already running proceedings. So do be aware that you may pay the court fee for a new application but may not get a sooner hearing than the one planned"

How do you respond if you have been issues... - JustAnswer

my-secure.justanswer.co.uk

So it would seem you have the option to either submit a C2 or a C79. The likelihood is that whatever you submit, would be consolidated with your ex's application so may or may not lead to an earlier interim hearing.

If you submit a C79 to enforce the order, you can attach evidence to it. You can't with a C2. It will become a variation hearing anyway because your ex has applied to vary.

As I see it you have a few options.

1) Just send a position statement before the gatekeeping hearing. Then wait to see the outcome of the gatekeeping hearing and what hearing is to come next. However this means you don't get to see your children for some time so I can understand why you want to try for an interim hearing.
2) Submit a C79 application with evidence. Technically an enforcement hearing is supposed to be within 3 or 4 weeks but these days they can take longer, depending on the region. But that might be quicker because if the gatekeeping hearing isn't until June, any subsequent hearing will be even further away.
3) Submit a C2 asking for an urgent directions hearing to reinstate the childrens time with you and require the order to be followed (which is effectively asking for enforcement of the order anyway).
4) Submit a C79 for enforcement and a C2 (two fees) with the C2 asking for variation of the child arrangements order to lives with you, spends time with ex on a near 50/50 basis (although you could actually ask the court to do that on a C79 as well which would turn it into a variation hearing anyway).

I'm still thinking! I hope I haven't confused the issue there.

 

[Ash]

Professionals are involved with the kids and have clearly stated there are no safeguarding concerns

Does that include social services?