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How long from the court oder to the date
- Thread starter ryan111
- Start date
Good question @ryan111 !
My original c100 application took 3 months from filing to a First Directions hearing. And I think I had about 4 weeks advance notice.
I'm looking to apply for a Variation to my Existing CAO (again a c100 application) - and wondering how long from me sending in the application is - to the Ex finding out / being told (an application has been made)?
Do any Dads out there know?
So I can prepare for World War 3..
My original c100 application took 3 months from filing to a First Directions hearing. And I think I had about 4 weeks advance notice.
I'm looking to apply for a Variation to my Existing CAO (again a c100 application) - and wondering how long from me sending in the application is - to the Ex finding out / being told (an application has been made)?
Do any Dads out there know?
So I can prepare for World War 3..
It could be anything really. Cafcass calls come first so a hearing isn't likely to be less than 4 to 6 weeks after receiving the order.
DannyK - partly that will depend on what region you're in and how overloaded they are. Before the pandemic it used to be about two weeks. Now it could be that but in some cases it's quite a bit longer.
DannyK - partly that will depend on what region you're in and how overloaded they are. Before the pandemic it used to be about two weeks. Now it could be that but in some cases it's quite a bit longer.
Hi, I think my situation closely matches this thread, but feel free to correct me and ask me to move it to a separate thread.
For a variation does the whole cycle start again? CAFCASS safeguarding phone call > FHDRA > final hearing? How long before submission of C79(?) (or is it another C100 for a variation?) until the CAFCASS call? And then presumably 4 or 5 months before a final hearing (entirely dependent on workload of the court I know, my previous experience was it took 18 months from application to final hearing so I hope that’s not the case again!). Mediation is to happen soon.
There are a number of issues, one of which is fairly urgent (mother wishing to move child into a nursery that doesn’t meet his needs - I assume she will do this with or without my consent by the summer) and the other issues being less urgent (e.g. my wish to change the current care schedule, partly so that I can take our child into nursery more often - it’s me alone that currently takes him to nursery, on “our time” - not impacting any further on his time with me, and more generally because our child wants and needs more time in our home) plus a medical thing (non-urgent). Plus potentially a SIO relating to foreign travel but that’s TBC.
I guess what I want is some insight into timing - I don’t want to return to court before a year has passed but if I wait until a year has passed before submitting the variation application then maybe (after the slow administration process) the hearing won’t be until it’s too late.
Another question - will there be some kind of silly 2 page limit on the position statement length and will I be able to submit case law exhibits etc? If the previous bundle (that contained all the evidence on which I will need to rely) is not allowed to be submitted again then I’ll have to include a lot of the information and evidence in the next bundle.
Another question that has popped into my head: Is it worth citing the latest (sociological and psychological) research in shared care that concludes that children have better outcomes in a shared care environment? Or will a (magistrates) court just think “I have 30 minutes to consider this case, I don’t give a toss about the latest research?”.
For a variation does the whole cycle start again? CAFCASS safeguarding phone call > FHDRA > final hearing? How long before submission of C79(?) (or is it another C100 for a variation?) until the CAFCASS call? And then presumably 4 or 5 months before a final hearing (entirely dependent on workload of the court I know, my previous experience was it took 18 months from application to final hearing so I hope that’s not the case again!). Mediation is to happen soon.
There are a number of issues, one of which is fairly urgent (mother wishing to move child into a nursery that doesn’t meet his needs - I assume she will do this with or without my consent by the summer) and the other issues being less urgent (e.g. my wish to change the current care schedule, partly so that I can take our child into nursery more often - it’s me alone that currently takes him to nursery, on “our time” - not impacting any further on his time with me, and more generally because our child wants and needs more time in our home) plus a medical thing (non-urgent). Plus potentially a SIO relating to foreign travel but that’s TBC.
I guess what I want is some insight into timing - I don’t want to return to court before a year has passed but if I wait until a year has passed before submitting the variation application then maybe (after the slow administration process) the hearing won’t be until it’s too late.
Another question - will there be some kind of silly 2 page limit on the position statement length and will I be able to submit case law exhibits etc? If the previous bundle (that contained all the evidence on which I will need to rely) is not allowed to be submitted again then I’ll have to include a lot of the information and evidence in the next bundle.
Another question that has popped into my head: Is it worth citing the latest (sociological and psychological) research in shared care that concludes that children have better outcomes in a shared care environment? Or will a (magistrates) court just think “I have 30 minutes to consider this case, I don’t give a toss about the latest research?”.
Variation is on a C100 and yes it's like starting again - more or less. The difference is there is already an order, so it's already been established there are no safeguarding issues, so the Cafcass call should be more of a formality and it should go straight to a first hearing.
A C79 is for enforcement and that is a different process. An earlier hearing, Cafcass may or may not be involved, it can be sorted at one hearing, but can go to a second one.
A C79 is for enforcement and that is a different process. An earlier hearing, Cafcass may or may not be involved, it can be sorted at one hearing, but can go to a second one.
There’s no way to ask for Cafcass to engage more and observe our child in our home? It’s frustrating. I presume they would only do so if the parent were trying to switch the child’s homes from parent to the other (rather than establish a balanced pattern of shared care).
Such an important life-changing decision should have an expert (a family court advisor) observe everything (how happy and settled child is in the home, how the parent ensures their needs are met) and make an educated judgement on what is best for the child.
This is less of a question and more of a rant/ observation
Such an important life-changing decision should have an expert (a family court advisor) observe everything (how happy and settled child is in the home, how the parent ensures their needs are met) and make an educated judgement on what is best for the child.
This is less of a question and more of a rant/ observation