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How long roughly does it take to hear from c79 application please?

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henry23

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Hi everyone just a quick question.

Roughly how long does it take for the court to respond to c79?

It's been 11 days since I submitted online.
I guess I'm waiting for them to decide if they do actually think there has been a breach from my ex committed.

also has anyone received a response on a weekend or do I only count weekdays?
 
It took about a month for me to get a response and an enforcement hearing set after I submitted my c79.
I got my reply on a weekday if I remember right.
What are the breaches you're raising?
 
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OK thanks I can imagine they are incredibly swamped with these forms.

Me and ex been here before she stopped me seeing my child so court set a court order in place. 2 years ago.

Now my child is slightly older she's now pulling the tactic of slowly driving a wedge between me and him.
It has become increasingly difficult to have any form of relationship with him due to her controlling ways.

My son is 11.
The number used to text was a number she fully controlled and sometimes pretended to be my son.
Recently they have been stopped and no calls allowed.

The ex has made up lies about my son telling me things hes like hes not happy and doesn't want to see me. I've never heard these things from my sons mouth.
It's took me weeks to get a call to talk about these issues and my son seems very confused and is under impression I don't want to see him and gave me attitude mother was sitting there.

So strange how after she succeeds in me not seeing my son that she calls csa up and tells them to increase her payments as I don't have my son anymore.

planned or what??

I have mentioned in my c79 how greatly concerned I am of his mental health and what this is doing to him.

if you don't mind me asking what breach did you raise?
What was the process?
 
You're supposed to have an enforcement hearing within 21 days - but it can take a bit longer these days. You might even get a phone call out of the blue from Cafcass before you hear about a hearing date. So be prepared for that. It happened to me and caught me on the hop in a noisy place and I wasn't prepared as I might have been.

In your C79, did you list the breaches with dates times and how long each breach was - that's expected, before any other information.
 
Ash said:
You're supposed to have an enforcement hearing within 21 days - but it can take a bit longer these days. You might even get a phone call out of the blue from Cafcass before you hear about a hearing date. So be prepared for that. It happened to me and caught me on the hop in a noisy place and I wasn't prepared as I might have been.

In your C79, did you list the breaches with dates times and how long each breach was - that's expected, before any other information.
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Thanks for the heads up about caffcass calling. Any idea why do they call out of the blue? I work lot hopefully they call when I can answer.
Will they call my sons mother too?

When I filed a c100 last year they sent a letter with date and time they would call.
 
I don't know - I've only had the one enforcement and I assume they called out of the blue due to the short timescale before the hearing.
 
Hi everyone, just an update. I don't haven't anyone to talk to about this feel alone and so glad I stumbled across this site. Ever from reading other peoples threads I've gained knowledge and guidance 🙏 you all are so helpful on here.

Anyway I'm waffling... update is my court letter arrived today just got in from work. Its the 23rd march.
Does this mean they feel there has been a breach or does everyone standardly get a court date?
 
It means your application has been accepted and you've got a hearing :) At the hearing it will be determined whether or not there has been a breach. But it does suggest they've accepted the breaches.
 
Thanks sounds promising.
I take it ex will receive the same letter today? If she gets in touch do I reply or ignore? She's very hostile. Will she just have the same form to sign as I do and then have her day in court to try lie and manipulate her way out of a breach in court?

It's says it will be a 'Directions Appointment' before a Legal Advisor or Magistrates.
Does that mean anything inparticular? Or is it always worded like that?

They've also granted me permission to sit behind a screen. I know I sound a weak but I just can't look at her she tries to get a reaction from me to stoop to her level of hostility and my anxiety goes through the roof.
 
It doesn't sound weak at all. It means it's first hearing. (Directions hearing). Whether or not it goes to a second hearing you'll have to find out. Yes your ex may come up with excuses. It's a breach if there is "no reasonable excuse". So if she missed a day by saying her car broke down and it was a one off, that probably wouldn't be considered a breach. If she's witheld your child permanently and is making allegations then Cafcass might need to get involved. If the hearing just accepts it's a breach and they tell the Mother she has to follow the order, there is no real punishment but it's a black mark against her, on record.
 
Oh no ignore the signing part I've just looked again it's ends with the name of the justice legal advisor.
 
So have you had any contact from Cafcass? The difficulty is that your son is 11 and your ex will probably claim he doesn't want to come. It's a common thing. They may order a section 7 report to hear his wishes.
 
Ash said:
It doesn't sound weak at all. It means it's first hearing. (Directions hearing). Whether or not it goes to a second hearing you'll have to find out. Yes your ex may come up with excuses. It's a breach if there is "no reasonable excuse". So if she missed a day by saying her car broke down and it was a one off, that probably wouldn't be considered a breach. If she's witheld your child permanently and is making allegations then Cafcass might need to get involved. If the hearing just accepts it's a breach and they tell the Mother she has to follow the order, there is no real punishment but it's a black mark against her, on record.
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Yes I'm not bothered about her being punished I just need her to stop using our child as a weapon. All I'm worried about is his mental health.
I have expressed my great concern in the breach what this is doing to my son so I am hoping caffcass do get involved and as he is of age I'm hoping they will speak to him.
 
Ash said:
So have you had any contact from Cafcass? The difficulty is that your son is 11 and your ex will probably claim he doesn't want to come. It's a common thing. They may order a section 7 report to hear his wishes.
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Not heard anything from caffcass.
I do hope they get to hear what he has to say. I have faith in the system and in these people who are trained to hear his comments and know he's being manipulated.

After 4th week she called csa and told them to put the money up as my son no longer wants to see me. So I can see what her agenda was.
Son even was allowed to randomly text me saying csa are putting money up. Disgusting how my son even knows the word csa.
 
Oh and also this the second time she's breached we were here in court last year as she wouldn't let me see him for 2 years.
 
As the hearing is coming up soon, Cafcass will probably attend the hearing instead then. You probably got a fairly early hearing because of the concerns about your son's mental health.

What is your current order please? Because I'm wondering if you should ask for a change of residence. As even if you get the order enforced now, the chances are your ex will do the same thing when your son is 12 or 13 - and then the courts could just say - he's old enough to decide for himself. Which of course isn't the case and he'd have no say.
 
What is the schedule with you under the current order?
henry23 said:
Oh and also this the second time she's breached we were here in court last year as she wouldn't let me see him for 2 years.
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Even more reason to ask for a change of residency.
 
Current court order is I pick up every other Friday from school and drop back Saturday at 6pm.
Then holidays to be arranged with the mother when I book them from work.
 
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