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IronCladCape

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Hi guys,

Looking for some advice please.

So, I put a C100 form in early September, I have chased the court today to see if they can confirm receipt and they have let me know that I have a first hearing at the end of October. No safeguarding issues and child not known to SS.

They have said that my case has skipped the gate keeping hearing stage. Is there any reason why this could be ?

I’ve yet to receive any correspondence from CAFCASS (they only got written to yesterday so will expect to hear from them in due course).

I intend to keep this thread open to keep you all posted on progress and give any other members a likely pointer on timelines as I experience them.

The other side has been unresponsive to everything so far, didn’t engage with mediation and I’m 50/50 whether she will engage with the courts (seems to think that rules don’t apply to her). What are the consequences if she is a no show to court at the end of October? I will be represented at this hearing, if it is adjourned due to a no show; is it likely that I could make an application for costs for my solicitor who will have been paid for a hearing only to be unable to do anything due to non attendance.

If anyone can also let me know what is likely to happen with the likes of CAFCASS etc between now and first hearing in light of it skipping gate keeping, I would be very grateful.

Thank you in advance :)
 
IronCladCape said:
Hi guys,

Looking for some advice please.

So, I put a C100 form in early September, I have chased the court today to see if they can confirm receipt and they have let me know that I have a first hearing at the end of October. No safeguarding issues and child not known to SS.

They have said that my case has skipped the gate keeping hearing stage. Is there any reason why this could be ?

I’ve yet to receive any correspondence from CAFCASS (they only got written to yesterday so will expect to hear from them in due course).

I intend to keep this thread open to keep you all posted on progress and give any other members a likely pointer on timelines as I experience them.

The other side has been unresponsive to everything so far, didn’t engage with mediation and I’m 50/50 whether she will engage with the courts (seems to think that rules don’t apply to her). What are the consequences if she is a no show to court at the end of October? I will be represented at this hearing, if it is adjourned due to a no show; is it likely that I could make an application for costs for my solicitor who will have been paid for a hearing only to be unable to do anything due to non attendance.

If anyone can also let me know what is likely to happen with the likes of CAFCASS etc between now and first hearing in light of it skipping gate keeping, I would be very grateful.

Thank you in advance :)
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The lack of a gatekeeping hearing is a positive.

Yeah you'll have to see what happens when cafcass get involved as to whether anything is alleged.
 
Roblox said:
The lack of a gatekeeping hearing is a positive.

Yeah you'll have to see what happens when cafcass get involved as to whether anything is alleged.
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I’m sure it will be, however I’m aware of what will be alleged and have started to prepare evidence to refute this.

I’m well ahead of the curve given I already know when the first hearing is and she won’t even yet know that she’s being taken to court.

I’ve intentionally left solicitor details blank on the C100, so hoping that she’ll go in unrepresented thinking I’m the same, but I’ll be able to outgun her with representation on the day.

Is there any way she could possibly find out I’m represented ahead of the hearing even though I haven’t disclosed this?
 
No she can't find out unless you tell her or the court tells her. You can actually turn up with a barrister on the day, having only informed the court the day before.

It's probably skipped gatekeeping because there are no welfare issues. That's the way it used to be pre-pandemic - all cases went straight to a first hearing. These gatekeeping hearings only started during the backlog during the pandemic and only seem to cause more delays.
 
If your stbx does not show and it's adjourned or rescheduled you could apply for costs which,if your solicitor and barrister are good should claim for wasted court costs and barristers fees, probably worth asking solicitor to prepare the paperwork prior just in case. This happened for me...twice when stbx did not show for financial hearings
 
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