Applying for Residence and or Contact
Where to apply for residence and or contact.
If you are already involved in divorce proceedings, the application is issued in the divorce court. If divorce proceedings have not yet been issued, an application for residence and or contact can be made to any county or magistrates court that is able to deal with children matters. There are advantages in choosing a country court.
The process of applying for residence and or contact
Applications are made by filing a form C100 , which is an Application under the Children Act 1989 for a residence, contact or other section 8 order. The application form requires details of the parties and the children, what order or orders are being sought, and why. Once the applicant has completed the application form, it has to be filed with the court, and a copy has to be send to the other party, as well as the court fee, which is presently £175. The next step in the process is for the court to issue the application, fix a date for the first hearing and return one copy of the application. The applicant is also sent a notice of proceedings form and an acknowledgement form. It is then the responsibility of the applicant to send all three documents to the respondent, and filing a statement of service form with the court, confirming when and where the documents were sent. It is the up to the respondent to complete the acknowledgement form, stating whether they intend to agree with or oppose the application, and then have to file it with the court and send a copy to the applicant.
The first hearing
The first hearing is for the court to find out what the issues are, and will decide how the matter should proceed. The vast majority of courts will expect both parties to be interviewed together by a CAFCASS officer, before appearing in front of the district judge/magistrates clerk. The CAFCASS officer interviewing the parties will find out what the issues are, and whether the matter can be settled by agreement then and there, or whether mediation would help. If the parties are able to reach an agreement, the court is responsible for deciding whether an order should be made. If both parties are in complete agreement ,proceedings will end there.
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