Custody Dispute Involving Grandparents
The client is involved in a family law matter where a grandparent, with the surname Pasternak, has initiated court proceedings by filing a C100 application. The application has been issued and assigned a reference number, and it has been sent to a specific court for consideration by a District Judge or a Legal Adviser. The client did not respond to an earlier mediation letter and is concerned because they believed a C2 form was required before the C100.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the potential consequences if I didn't respond to the mediation letter before the C100 application was filed?
Not responding to a mediation letter before a C100 application can lead to several consequences. Courts generally expect parties to attempt mediation before proceeding to a hearing. If you did not attend a Mediation Information and Assessment Meeting (MIAM), it might be viewed unfavourably, potentially affecting court costs or the judge's perception of your willingness to cooperate. However, there are exemptions to the MIAM requirement, such as cases involving domestic abuse. It is crucial to communicate promptly and explore how this might impact your case.
How does the court decide whether to grant permission for the grandparents to make the application if a C2 application wasn't completed?
For a C100 application without a C2 application, the court still considers the merits of the application. Normally, a C2 form is used for additional applications within existing proceedings. However, when grandparents file a C100 application without a prior C2, the court may still proceed if it deems it in the child's best interests to explore the matter.
What are my rights and obligations in this situation, and how can I best prepare for the court proceedings?
You have the right to be heard in court regarding the C100 application. It's crucial to prepare by collecting any evidence that supports your position, such as proof of the child's existing contact arrangements or family dynamics. Review the relevant legislation regarding child arrangements and consider consulting with a family law solicitor for strategic guidance.
What factors will the court consider when deciding on grandparental access or custody in a case like mine?
The court will consider several factors when deciding on grandparental access or custody, prioritising the child's welfare as the paramount concern. Key considerations include the child's wishes, the child's emotional needs, and the capability of the grandparents to meet the child's needs. The court will also assess any risks of harm to the child and the relationship with the grandparents.
Are there any specific legal defences or arguments I should be aware of that could strengthen my position in this family law matter?
In your situation, you could argue that the lack of a completed C2 application might weaken the grandparents' case. Highlight any existing strong relationship between your children and their grandparents, as this might mitigate the need for a court order. Collect evidence supporting your position, such as witness statements.
