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C2 Application

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Conan

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Hello all
Has anyone completed a C2 application within existing proceedings?. Contact has stopped with the children for 2 weeks now, proposals ignored for sensible options for supervised access as wife's existing supervisor has pulled out. But now she is ignored my alternative options. Advised to complete and submit a C2 to bring to the Judge's attention and get this addressed.

Thank you.
 
Wondered why you were thinking of a C2 rather than C79 enforcement.
 
I was advised by a paralegal to complete a C2, S7 not completed and due back in court on June 17th. No CAO in place currentlyjust recitals, order for a s7 from last hearing in Feb.
 
Also advised that a c79 would fail, and costs are more likely - stick to a c2 (is the advice provided)
 
Ok so when you say contact has stopped for two weeks now - is this an interim order she is breaching? Or is there no interim order and the time with the kids was just arranged between you and now she's not following it? If there's an interim order, it can be enforced - providing the time is ordered and not just "agreements" in recitals. Then it can't be enforced - but it will look bad for her later.

You mentioned recitals so I'm assuming it's the latter. A C2 is for an application within existing proceedings, so what application would you be making? Asking for a directions hearing maybe? That is an option.
 
Conan said:
I was advised by a paralegal to complete a C2, S7 not completed and due back in court on June 17th. No CAO in place currentlyjust recitals, order for a s7 from last hearing in Feb.
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Here is an appeal based on provisions included as recitals rather than as part of the order:

www.stowefamilylaw.co.uk

The difference between a recital and an order

I’m sure that many non-lawyers would assume that everything contained in a court order is equally enforceable. After all, a court order is a court order, isn’t it?
www.stowefamilylaw.co.uk www.stowefamilylaw.co.uk

See what you think.
 
Recitals can be enforced - depending what they are, but not usually when it’s an interim order for time agreed in a recital.

A C2 and asking for an urgent directions hearing saying she is not following the arrangements, sounds a good thing. However in the long run this will help your case if it can be shown she doesn’t put the child first or keep to agreements.
 
Ash said:
Recitals can be enforced - depending what they are, but not usually when it’s an interim order for time agreed in a recital.

A C2 and asking for an urgent directions hearing saying she is not following the arrangements, sounds a good thing. However in the long run this will help your case if it can be shown she doesn’t put the child first or keep to agreements.
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Thank you Ash and all,
Yes its in the Recitals to have a minimum of 2 hours per week supervised (but not court ordered). The lady providing the supervision has now pulled out and so the wife is trying to impose an ISW at a cost of £35 per hour. This is not acceptable. The Judge was trying to encourage her to allow more time for me to see the children during this interim phase whilst we go through the s7 report, wife is doing the opposite now.

I've provided an alternative option of a neighbour, independent, enhanced DBS checked and works as an advocate for vulnerable young people and adults who is willing to help and provide her time to supervise will provide more time (at no cost) and enable the children to return home to play in the garden, see our pet dog Ralph and play with their toys etc rather than be forced to see me in a pub which i what I have been forced to do since last July 2023. The wife has not acknowledged this proposal and not responded, hence sending out a further request to respond and if not heard anything, then I will have to file a C2. As this is a sensible option and is in the best interests of the children to spend time at home to see me, see our family pet dog and play in familiar surroundings.

Wife has not responded to the proposal and is now deliberately silent and not allowing me to see the children. Its now 2 weeks since last direct contact with them.

Awaiting S7 report now which has to be submitted to the court by end of May (court ordered) and then we are back in court 17th June 2024.
 
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C2 sounds the way to go yes but I wouldn't delay. If she's silent just submit the C2.
 
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