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How long roughly does it take to hear from c79 application please?
- Thread starter henry23
- Start date
You're supposed to submit any evidence of the breach along with the C79 application. Although it can be hard to prove it's a breach if she is saying your son is refusing to come. What evidence do you have?
Not is it she came out with football on Sunday and not to disrupt routine so im drop at 6pm Saturday. And as he's been conditioned not to tell me anything if football no longer was happening on a Sunday he would have to make out he was still going so I couldn't try to change order.
The evidence I have are the letter I have been sending to her addressing this situation which would tell the story more to the judges and she's not replied or attempted to try help build a bridge with me and my son.
I've mentioned in my breach that in my sons medical records she has spoken to the doctor stating in these exact word 'I do not want my daughter to see him' then it state in medical records doctor speaks to caffass and caffcass don't see any reason to open a case against me. This proves that she doesn't want me to see my son during this time calls were being stopped. I have emails of her telling me she pays the the bills and she not obliged to let son call me its up to her.
Am I too late. I thought you couldn't submit evidence at the time of filling form in.
Sorry not daughter son.that was meant to say. I have a daughter but that's with a different mom who I'm with now.
Did you send anything at all with the C79? I'm guessing not. Presumably though you wrote an explanation of the situation.
Do you have it in writing - eg messages - from ex or son's phone - about the going to court to get maximum CMS? And stopping your son coming? Her texts (and your responses) are probably the best evidence.
Do you have it in writing - eg messages - from ex or son's phone - about the going to court to get maximum CMS? And stopping your son coming? Her texts (and your responses) are probably the best evidence.
Yeah that's what I need to be very careful about. I have been ber careful with what I wrote in my letters and kept it to my concerns what this is doing to our son.
In each of my letters I've stated I will call at day and time every other week. I call once and no answer.
Till the last one when i called and he was allowed to answer but he seemed very cohearsed and like he was reading something put saying my mom is not coming inbetween me and you and can you stop harrasing me.
Strange that because never once in the letters to the mother did I say she's coming inbetween me and my son. Ive been very careful with my letters. So I think the mom thinks getting him to say this gets her off the breaching. This has been noted to the court.
Since that call I haven't called or wrote and letter and out the c79 in.
I think you could still send some in but I would be very selective and only send a few very strong pieces of evidence. You'd need to send an email to the court with the case number as the heading, and say something like, please find attached, documentary evidence which should have been sent with my C79 form.
Documents/Bundles
9. No document other than a document specified in an Order or filed in accordance with the Rules or any
Practice Direction shall be filed without the Court's permission.
10.You should serve any documents upon the Court ideally by emai to
[email protected]. Please include your case number and hearing date
does these mean I can submit my evidence?
9. No document other than a document specified in an Order or filed in accordance with the Rules or any
Practice Direction shall be filed without the Court's permission.
10.You should serve any documents upon the Court ideally by emai to
[email protected]. Please include your case number and hearing date
does these mean I can submit my evidence?
I'm not sure what she's doing would prove breaches though. Is there anything that says she is stopping your son coming?, Also you might want to keep some things back for a final hearing, if it goes that far.
At the moment, it's about looking at what you want to achieve. If she's not going to follow orders, and he's 11, then would you consider asking the court to change residency? You might need some legal advice on that.
At the moment, it's about looking at what you want to achieve. If she's not going to follow orders, and he's 11, then would you consider asking the court to change residency? You might need some legal advice on that.
What does it specify in the order?
She's very clever and never words that she won't let him come. From her it's you cant speak on the phone I'm restricting it.
What started this off was my concern of my my sons clothes for months I've been noticing his clothing he comes to mine in(he has clothes at mine) but the other he comes from home in are old dates grey and very small.
So I raises my concerns with the mother asking if my 600 a month is not enough does she need more. Then that's when all this started.
Then accusations of son has expressed to her he's scared of me etc...
Then weeks later that was all denied and she changed the story to I didn't want to see him then it went back to son doesn't want to see me.
Each time the story changes the son has to go with it.
Then at Christmas all is OK to come to mine (because the mom wanted a holiday away with friends for the week) then it's back again to the same lies.
I have my own concerns of the ex as before first court hearing my son used to open up about her losing her temper for no reason and pulling him by the ear etc.. she was very much the same towards me. Polite and violent.
What started this off was my concern of my my sons clothes for months I've been noticing his clothing he comes to mine in(he has clothes at mine) but the other he comes from home in are old dates grey and very small.
So I raises my concerns with the mother asking if my 600 a month is not enough does she need more. Then that's when all this started.
Then accusations of son has expressed to her he's scared of me etc...
Then weeks later that was all denied and she changed the story to I didn't want to see him then it went back to son doesn't want to see me.
Each time the story changes the son has to go with it.
Then at Christmas all is OK to come to mine (because the mom wanted a holiday away with friends for the week) then it's back again to the same lies.
I have my own concerns of the ex as before first court hearing my son used to open up about her losing her temper for no reason and pulling him by the ear etc.. she was very much the same towards me. Polite and violent.
Interesting you say this about residency because I want to put a c1a in about her with my son and everything he has opened to me about and what all this now what's she doing is doing to him.
I would have him in a heartbeat.but she will make sure that doesn't happen as she wants the csa.
You have to be very very careful because you can't accuse her of anything without hard evidence - eg police or social services reports - otherwise Cafcass may gang up with her and see you as the hostile one and just say no more contact as there is conflict between parents.
You'd need to focus any application for change of residency on the fact the Mother doesn't follow court orders or respect son's relationship with you. I think I would probably hold back evidence for now. But I do think you need some legal advice. You can get a free half hour with a solicitor.
If you can keep him coming until he's 14 or 15 or so, he might jump ship of his own accord.
You'd need to focus any application for change of residency on the fact the Mother doesn't follow court orders or respect son's relationship with you. I think I would probably hold back evidence for now. But I do think you need some legal advice. You can get a free half hour with a solicitor.
If you can keep him coming until he's 14 or 15 or so, he might jump ship of his own accord.