General guidance 1
From FamilyLawWiki
1. When conversation with Mother is not generating what Father perceives to be adequate contact, the next stage is getting an agreement or Order for more. That means Father should write to Mother and suggest mediation.
2. Mediation does not work in the experience of most Fathers. So we recommend members to consider pursuing it in parallel with Court proceedings. Father should keep a diary.
3. Court proceedings with a view to enforcing contact generally implies getting a Form C1 under the Children Act 1989, asking at q.13 for Orders for Contact and Interim Contact. Possibly also a Shared Residence Order, a Prohibited Steps Order and / or a Specific Issues Order. Possibly add "An Order that the matter be reserved to the Judge presiding at the final Hearing". Three identical forms need to be submitted to Principal Registry Family Division, 56 Holborn, EC2 or the local County Court. One for the court, one for Father, one for Mother. The forms can be obtained from the local County Court, the Magistrates Court and from www.hmcourts-service.gov.uk
4. The court will issue a date some 3 weeks away (it varies depending on the court) on which a Directions Hearing will occur. Prior to that it is a good idea to draft a letter to the judge, telling him what Orders you would like him to make. Possibly along the following lines: a. Both parents to submit a statement to the court and each other by 4:00pm [date] [within three weeks]. b. CAFCASS to submit a report by [date] [within six weeks thereafter]. c. The matter to be set down for a hearing before a Circuit Court Judge on the first available date thereafter. d. That the matter be set down for a review hearing six months thereafter.
5. Father should submit this letter to the clerk of the court on the morning of the directions hearing, copy to Mother, copy retained by Father. 6. Father does not need a McKenzie friend or solicitor at the directions hearing, but may be comforted by the former and impoverished by the latter. FNF selfhelp forum may be a good place to find a McKenzie friend.
7. The statement should be positive and should express the Father's love for his child. It should not criticise the Mother. It must be child-centred. There is an example statement in the members' area. 8. Before submitting the statement, Father should pass it by a member of FNF Selfhelp forum. It may be that after the final hearing, contact does not proceed as ordered. In which case file a Form C2 asking for enforcement and not for imprisonment of the mother (you won't get it) but for a transfer of residence to the father.
I've also tended to attach a draft Order to Statement of Issues so that it is absolutely clear what is wanted and individual provisions can be discussed with other side to determine where there is agreement/disagreement.
I think this is a very useful step-by-step guide. My only comment/suggestion is that I would always recommend submitting a Statement of Issues for a Directions Hearing to provide judge with an overview and set out what is wanted, what is agreed and where there is disagreement. In my experience, this serves to focus minds and often forms the basis of useful discussion with other side and sometimes agreement in advance of full hearing. John
