Just caught up with this.
So the key is to try and keep it to the minimum number of hearings and cost and keep to the mantra "don't say anything negative about the Mother" (to help keep it simple and to the minimum number of hearings.
If you've been reading round the forum you'll see that what can happen is, if both parents accuse each other of things or critize each other, it can be labelled as "conflict between parents", and as they always leave the child with the Mother, Cafcass could say minimal or no time with Dad to avoid the conflict for the child. So that is the reason not to criticize her.
The key thing to remember is - this is about getting a child arrangements order, not a sparring match with the ex or proving which is the worst of the two etc. So to get that Child Arrangements order you need to jump through hoops, be patient and be whiter than white from now on - which includes only saying child focused things (like "my child's time with me" rather than "my time"). Semantics come into the whole process quite a lot. And not criticizing the Mother, and sounding positive about wanting to co parent amicably. Which may go against the grain at time, but that is what Cafcass and the courts want to see.
Because of the way the system is, it's quite logical in a way. Child lives with Mother - is Dad safe/ok? If he is he gets an order.
Costs: Some people in London use a Barrister from outside London - eg Oxford or Southampton - as it can cost a bit less. But you can expect to pay about 2.5 for a half day hearing (eg a first hearing or a Directions hearing) and about 5k (ie double) for a full day final hearing.
So if things go smoothly it may not be more than 7.5k. For a first hearing and then straight to a final hearing if no agreement at the first hearing.
When it can take longer and get more expensive is when there are allegations on both sides and/or the court orders an additional "fact find" hearing. Also sometimes if the court orders a Section 7 report which means an additional hearing after the Section 7 report. That seems to be increasingly common these days but is less likely if you don't make any allegations (and depending on the age of the child).
So all you need to say in your C100 is that he was seeing his child regularly for x years, every other week-end for 3 nights and a midweek overnight each week. And that Mrs Ex then moved further away and has a new partner, so it's no longer possible to do midweek nights. And that she has now witheld the child coming, isn't communicating and declined to turn up at mediation. And he would like the court to make an interim order as soon as possible to reinstate the child's week-end time with him, and unless agreement is reached by consent at the first hearing. He requests the court makes a final order for every other week-end and half the school holidays, with defined dates and alternating special days.
No need to mention who said what or her behaviour etc - you can save that until your final statement for the final hearing which is when you can present evidence (if you have any text messages eg). Because by the time of final hearing it's already established there are no welfare issues.
So the process is:
1) Submit the C100 application
2) Get court papers back (the ex will receive a copy of the C100 at this time)
3) Cafcass email followed by Cafcass phone interviews.
4) Receive Cafcass safeguarding letter (which might have recommendations at the end).
5) Possibly a gatekeeping hearing (just Cafcass and a Judge, no parents, to decide what next but it usually goes straight to a first hearing).
6) First hearing (FHDRA) - opportunity for agreement and consent order (consent order unlikely unless both have lawyers).
7) If no agreement and welfare issues have been dismissed it goes to a final hearing -mediation or parenting courses might be ordered meanwhile.
So what is common, when an ex wants to win or wants free lawyers, is that they make a load of allegations to Cafcass and say he is abusive. And it's important he doesn't do the same, if he wants to save time and money and get an order.
It can make unpleasant reading as Cafcass report what both parents have said, in the safeguarding letter, but it doesn't mean it's true and it's important not to go on the defensive by accusing something back. If your partner comes across as reasonable and child focused, Cafcass might ignore any allegations she makes. Unless they are particularly serious or she's taken out an Non molestation order against him or something.
The advantage your partner has here, is history. He's already had regular time with the child since separation so this is basically a disagreement.
Hopefully you'll go straight to a first hearing and straight to a final hearing.
You could self-rep at the first hearing and only use a Barrister for a final hearing. But - if your ex has a solicitor, they will be acting for her and trying to cause delays and problems (it's an adversarial process) and they are highly likely to push for a Section 7 report. Which would add another hearing and a few months of delay. Section 7's invariably favour Mothers, but if your partner has done no wrong then he should still get a decent order recommended.
So on that basis, if he can afford it, it could be very good to have a Barrister at the first hearing.
1) To try and thrash out a consent order with the ex's laywer - so it goes no further and that's that. It can save time and money.
2) To argue against a section 7 and get an interim order.
3) If a consent order is reached, his Barrister would write up the order - so it will be correct! If the ex has a lawyer and he doesn't, then her lawyer will write up the order and they tend to try and do it in the ex;s favour with lots of loopholes in the wording.
So personally I would try and use a Barrister for the first hearing if at all possible. Because solicitors for ex;s have so many dirty tricks. And because it may just end with a consent order at the first hearing, if lawyers do negotiations - which they are very good at - that's a story in itself. But sometimes an ex will just dig her heels in and refuse to agree anything. Especially if she's getting free lawyers. If she isn't, then she has an incentive to agree at the first hearing or it will cost her money for a final hearing too.
But you can decide on that when you see what the Cafcass letter says and whether she's made any allegations, and what Cafcass are recommending.
The point made earlier about police interviews (if he's unfortunate enough that she decides to tell the police he's done something), was a tip passed on by a member on here, who had had legal advice from a criminal lawyer to no comment everything. The reason being, apparently, is that if it's a no comment interview, the police can't pass the case to the CPS - unless they have evidence. So the police case is likely to get closed much quicker. It's a legal thing.
The other tip he passed on was that you are entitled to a free criminal solicitor if you have to have a police interview and this will help a lot. And is better than using the Police duty solicitor as there'd be no time for preparation. His allegations were very serious ones but the same applies generally.
Until a police case is closed, the Child Arrangements progress will be halted and he won't be able to get very far. And might only be allowed supervised time with the child. So getting it closed quickly is important (NFA - no further action). If it's passed to the CPS he could be on bail for months while they investigate.
Hopefully she won't go to the police, considering she's not even communicating. And as I said, the advantage your partner has is the history - regular co parenting.
How old is the child by the way?
