This article provides a rough guideline on how a C100 Child Arrangements order application form can be filled.
Contents:
What is a C100 used for?
When a relationship ends, and you have children, it is necessary to agree where your children will live, and the time the children will split between both parents. These are called 'Child Arrangements'.
A C100 form is used to "make arrangements for a child or resolve a dispute about their upbringing"
In specific, as of today, this C100 form is used for:
1. Child arrangements
2. Prohibited steps
3. Specific issue order
4. To vary or discharge
5. Ask permission to make a section 8 order
This How to Fill note is to help you, the Litigant in Person, who needs justice through our courts, but have not been able to afford a solicitor, or have not been able to get Legal Aid.
(Please check the gov UK website for the latest version of the form)
Who wrote this? This blog page has been authored by Vik, the director of this firm, a Family Law Paralegal who has successfully completed many Child Arrangement Order applications, and till date, none has been rejected by the Family Courts for the reason of inaccuracies. However, the disclaimer is that if you need legal advice or help to fill the C100 form please consider a Family Law Solicitor. Find out more about Vik on our Team Page https://www.incourt.co.uk/our-team
How to make the C100 application?
The C100 Application under section 8 of the Children Act 1989 for a child arrangement, prohibited steps, specific issue order or to vary or discharge or ask permission to make a section 8 order
Having said that, if you are still here, then read on. If you are unable to reach a child arrangements agreement which will lead to a Consent based Chid Arrangements Order, you will find yourself in the thick and think of the Family Law of our country, in specific you may more often than not be looking at Private Family Law, under the Child Act 1989
What does the court consider while making Child Custody or Child Arrangements Orders?
The court considers the Child Act 1989 Section 1 Sub Section 3: The Welfare Checklist
What is the Pre-Application requirement for C100?
As it stands there was a change in the Law, and you are now legally required to consider Mediation before applying for Child Arrangement Orders to the Family Courts of England and Wales.
In a technical phraseology, they call it MIAM …. the acronyms standing for Mediation Information and Assessment Meeting (MIAM).
However, there are practical exceptions, if Domestic Violence is involved, then you may not need to attend a MIAM. But please do not think that is a way out if you just want to skip the step, as you will need to provide the court evidence of Domestic Violence (such as a police report to prove domestic violence has taken place or a Non-Molestation Order or any other injunctions that the court may have granted in the past) and should bring it to the first hearing.
Courts do not take it nicely if you simply want to skip Mediation for the purposes of time, there is a good reason why in children matters (contact / prohibited steps order (PSO) or/ and specific issue order (SIO) that Mediation has been recommended. It is always best to try to come to an agreement rather than a court process which may not end up in the resolutions you so seek.
You can find a Mediation company close to your home on the https://www.familymediationcouncil.org.uk/find-local-mediator/ website.
Where will you find the latest form?
The UK Government publishes the Family Law Application forms on the Gov.Uk website. and is available on (on the date of authoring this Article on 02 Aug 2020) on the gov site https://www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge
Pages: The C100 form as it exists today has 26 Pages (please don't be scared, at least yet!), and Page 2 is the most interesting page, a blank page (literally) for the sake of trees (or not). On a serious note, the 25 Pages do consist of very detailed information that needs to be filled in.
C100 Frequently Asked Questions:
All About C100 Form
If you are or have been engaged in legal issues regarding your children you will have researched or may have been notified of the necessity to submit a C100 form for Child Arrangement Orders.
Whether you are dealing with a disagreement involving the custody of your children or you are wanting to establish contact with a kid with whom you no longer reside, the C100 form will be the first document you complete.
What types of orders is the C100 form used for?
Following are the types of orders C100 form is used for:
Arrangements for the care of minors - These selections include where and with whom the children will reside and spend their free time.
Order of Prohibited Steps - When it is not in the child's best interest, a court may issue an order preventing a party (often a parent) from engaging in a certain activity involving the child. To put it simply, this may be used to prevent a parent from taking a child out of school or altering a child's name.
Order of Specific Issues - A court order may be required if parents cannot agree on a specific area of their child's care. To provide an example, the issue of which school to send the child to or whether or not the child would get a secular or religious education.
Why is a C100 form needed?
To get a judgment from a family court under Section 8 of the Children Act 1989, you must fill out a C100 Form. Or to put it another way, you are requesting a court to decide on your child's custody arrangements.
Where can I obtain a C100 form from?
You may get the C100 form here if you are acting in person. A copy of the form will be sent to you by a child law professional who will be happy to help you.
The C100 application should be filled out thoroughly to prevent any delays or difficulties that may arise from a poorly prepared form.
What is the cost of submitting the C100 form?
On the date of authoring/updating this article to the £50 fee for the C100 Form, there is a $215 court fee. In addition to submitting the form by email, you may also send in a paper copy (the latter option requires 3 copies, and a postage charge will be applied). Please check the latest fee on the Goc website.
How long does it take for the C100 paperwork to be processed by the family courts?
A C100 application may take up to six weeks to be processed by the courts, therefore it is crucial to keep this in mind. If the court is presently dealing with a backlog of work, the issue might be further delayed.
Are there any requirements that I must meet before my C100 form can be processed?
You must seek mediation before submitting your application for a child procedure. An Information and Assessment Meeting for Mediation is necessary for you (MIAM) . There are many reasons why mediation is not needed example: Abuse, domestic violence, existing case etc
I am having trouble filling out the C100 form. Where can I get help?
People engaged in child law issues typically require emotional support and help to complete the application form. Child law professionals can help. We at court Help Limited take satisfaction in aiding clients with their child law concerns, from filing the C100 form to preparing for hearings.
Our experts can help you through the process by giving practical and specialized guidance to your specific needs. Contact us now to schedule a consultation with one of our experts.
How to complete the C100 form?
The first page of the C100 form discusses the mediation procedure. It also tells you what to do if you think you qualify for a mediation exception. On the following page, fill in the fundamental information such as your full name under the applicant area, and the opposing party's name under the responder section.
On page 2 of the C100 form, you must identify the children involved in the application and establish your and the respondent's connection with them.
On page 3 of the form, you must include additional information on the children, such as if social services were engaged, whether they share parents, and where they presently live.
It is discussed on pages 4-9. If you have a MIAM certificate, please attach it or complete the sections about your situation's exemption from mediation.
On page 10 of the C100 form, you must explain your reasons for applying. This is where you need to tell the court what you want and why you want it.
Pages 11 and 12 of form C100 are only required if you want an urgent hearing.
On page 13 of the form, you must include any current or pending processes involving the child specified in the application.
Page 14 of the C100 is only required when an international element is present. If not, leave blank.
Page 15 covers your court appearance.
Pages 16 and 17 of the C100 form ask for both parties' complete contact information (the other party involved).
Page 18 of the form is only required if additional parties need to be notified of the application and their relationship to the child.
If you have legal counsel, please include them on page 19 of the application form. Page 20 of the application form is vital. It includes a checklist to verify you have completed the appropriate sections and given the needed proof.
How do I submit the C100 form?
The C100 paper application should be sent to your child's local family court if you cannot apply online. Use this information to locate the court's postal addresses. Postal submissions need three copies of each document.
How does the court handle the application?
Once the court receives the paperwork, it will issue the application and notify you and the respondent. The responder must also sign the court form. The courts will then list the issue for a first hearing to evaluate safeguarding information and urge the parties to settle it.
Contents:
What is a Child Arrangement Order?
When it comes to the well-being and care of a child, the child's best interest is paramount. When the parents or those with parental responsibility are unable to agree to the child arrangements, the court can make a Child Arrangement Order.
The order can be given with regards to whom the child is to spend time with or whom the child can stay with and any other unresolved issues regarding the care and pertaining of the child. Read more about Child Arrangement Orders on this page.
How to fill a C100 Child Arrangement Order form? What is the pre-Child Arrangement procedure before filling in the C100 form?
Before parents take up the case of custody to the court, they have to opt for mediation. It is commonly known as Mediation Information and Assessment Meeting (MIAM). Through this, you might be able to sort out the problems of Child Arrangement without going to court.
A mediator is a trained professional and a third person who can help you work through the arrangement. Here, you can also seek help for coming to terms with financial arrangements. Choosing a mediator is a cheaper option, and it can assist you and your partner go through the process without any tension.
Here, you can settle the matter with your ex-partner free of cost. However, it is only applicable if you or your ex-partner can benefit from legal aid. Though it is an easy way to make a child arrangement, it is not always possible. So, you have to move forward with the next step. It is applying to the family court for a Child Arrangement Order.
What is a C1A form and what is it used for ?
The C100 form asks questions about different types of abuse that the applicant or children are claimed to have suffered. If the applicant fills (ticks) the relevant abuse boxed in teh C100 firm then the applicant is expected to fill the C1A form
What is C100, and what is its use?
C100 is a form that an applicant has to fill when seeking Child Arrangement. Child Arrangement refers to deciding where a child has to live. It will also focus on where a child can spend their time. It comes under Section eight of the Children Act 1989. You can apply for a Child Arrangement Order at your family court by using a C100 form.
A C100 form can assist in looking into matters related to children. However, there are different purposes for a C100 form. You can use it for Child Arrangement, Specific Issue Order, and Prohibited Steps, and these three come under the Section eight order.
You have to choose one of these options in the C100 form while filling it up. It might be challenging to complete the C100 form without assistance. You can always seek the help of paralegals like us to complete the process with no hassle. Contact us here to know more about it.
If it is different from the above-mentioned options, you have to specify the nature of the order you wish to seek.
Here, as you are applying for a Child Arrangement Order, you have to select it. If you have other concerns that you would like to bring to the court's attention, you must specify them.
For instance, if your partner uses violence against you, you should fill in a separate form called C1A, and it is for Allegations of Harm and Domestic Violence. You have to submit this one along with your C100 form to the family court.
What is the additional information I have to fill in the C100 form?
While you fill the C100 form for Child Arrangement Order, you have to provide some additional information.
You should mention if you are seeking permission to make the application. If so, you have to complete Section 5a.
It is imperative to specify if you require an urgent hearing or one without notice. If yes, you have to fill in Section 6a or 6b.
You have to mention if there is a consent order. Under such a circumstance, you have to attach its draft order with the C100 form.
You have to clarify if there is a previous or ongoing proceeding for the child or children. If there is one, you have to ensure that you complete Section 7.
Specify if there is an international element in the C100 form. If it is there, you have to complete either Section 8 or 9.
You have to mention if the child or others would be speaking Welsh during the hearing. If so, you have to fill in Section 10.
These are the additional details you have to complete while filling in the C100 form. If you can avail of the financial help, you have to mention your HWF reference number.
What are the details I have to furnish about my child in C100?
While completing this Section, ensure that you provide all the essential details. It will assist the court in proceeding with the case. If you fail to furnish all the information, it can delay the process. You can include separate sheets if you cannot find enough space in the C100 form. The CAFCASS will also recheck the information you provide if they find it necessary.
In the information, you have to start by filling in the details of the eldest child. You have to provide their first and last name. You have to include their gender and the child's relationship with the applicant and the respondent. It is also essential to add your child's date of birth.
Here are the parts you have to fill in under this Section.
In Section 1a, you have to provide information on if a local authority or social work knows about the child. If yes, you have to include their details.
In Section 1b, you have to mention if any of your children are part of the Child Protection Plan.
In Section 1c, you have to specify if any of your children have different parents. If so, you have to include the details of their Parental Responsibility.
In Section 1d, you have to clarify where the child is living. If the child is not with the applicant or the respondent, you have to mention the details. If you wish to keep it confidential, you have to fill in form C8.
What are the details I have to include concerning MIAM?
It is pertinent to meet with a MIAM before applying for a Child Protection Order.
In this Section, you have to mention any emergency protection, care, or supervision required.
It is applicable only if you have mentioned in Section 1 that there is a current or previous court case. If it is yes, you have to complete Section 7. But, you do not have to fill in Section 3 and 4.
You have to mention whether you have attended MIAM or not. If you are claiming exemption, you have to complete Section 3. Here, you have to specify the reason for not attending MIAM. There are five options available.
It can be because of domestic violence. If so, you have to complete Section 3a.
It can be due to child protection concerns. If it is because of this, ensure that you fill in Section 3b.
It can be because of urgency. If so, you have to complete Section 3c.
It can be due to the previous attendance of a MIAM session. If it is the case, you have to fill in Section 3d.
If it is because of any other reason, ensure that you complete Section 3e.
You must complete these details clearly and correctly. An authorised family mediator has to complete Section 4 of the C 100 form. It is applicable if you have attended a mediatory session.
How to fill in the reasons for making the application?
Here, you have to mention if you have sought permission to make the application. If you require it, you have to provide the reasons in Section 5a.
In Section 5b, you have to give details of previous parenting agreements with your ex-partner. It can be formal or informal. You have to specify how the respondent broke it.
Besides that, you have to furnish the reasons why you are bringing it to the court. You have to mention what you expect from the court. Ensure that you facilitate the reasons provided by the respondent on their actions. Here, you have to write a summary. You have to submit the full statement later on.
In Section 5c, you have to mention the previous parenting plan. If there is one, you have to attach it. If you don't have one, download a copy from the Cafcass website.
What are the details I have to fill in Section 6?
Section 6 in C 100 form deals with urgent and without notice hearing. If you have selected any one of them in the beginning, you have to complete this one.
In Section 6a, you have to specify the order and explain the reason for the urgency. You have to mention the time duration in hours or days when you want the hearing. If it is within 48 hours, you have to specify the efforts you have taken to provide the notice to the respondent.
In Section 6b, you have to fill in the reasons for opting for a notice without hearing. If you don't complete it, the court will not consider this as an option. Here, you have to mention if it is because of the impossibility of providing an abridged notice.
It can also be because you know that the respondent would be frustrated when s/he receives the notice. You have to furnish the reasons for them as well. You can Contact us here to seek help for filling in C 100 form.
How to complete the Sections on other court cases and international involvements?
When it comes to other court cases, you have to provide all the details related to them. Here, you have to furnish the name of your child, the Cafcass officer, and the court where the proceedings took place.
You have to provide the information of the type of protection. It can be a Supervision Order, Care Order, Child Arrangement Order, or others. Ensure that you attach all the required additional documents with C 100 form. You can Contact us here to seek help for filling in C 100 form.
In case of international involvements with the case, you have to give the details of anyone (child or parent) residing in a foreign state. You have to mention if you have made a request to the central authority for the same.
What are the factors affecting the attendance of the court hearing?
Here, you have to furnish details of factors that affect litigation capacity. You have to mention if there is a referral or assessment from the Adult Learning Disability Team. In Section 10, you have to specify if there is a requirement for an interpreter.
You have to mention if it is essential for writing, speaking, or both. You have to specify if anyone needs a mediator for Welsh. If so, you have to furnish their names and requirements. You can also seek assistance if it is for another language or sign language. Here, you have to ensure that you mention the language and the dialect.
You have to provide for those who need it. It can be the applicant, respondent, or others. Next, you have to specify if there is a requirement for an intermediary. Finally, you have to clarify any needs for special assistance or arrangement from the court.
How to fill in the details of the applicant, respondent, and other information?
Next, you have to fill in the Sections on the details of applicants, respondents, and others. Here, you have to provide personal information. When it comes to the applicant's address, the applicant can keep it confidential.
However, you have to complete form C8 for that purpose. However, you have to include the communication details of the respondent for the court to send the notice. If you or others have not lived in the same place for the last five years, you have to furnish your previous address.
You have to include the date of birth and place of birth. If the person is under 18, you have to fill in Section Q of CB1. When it comes to others, you have to include the relationship between the child and the person. If there are more than two applicants and respondents, you have to fill in these details in an additional sheet.
If there are other children, who are not part of the Child Arrangement Order, you have to include their details. Next, you have to complete the details of the solicitor involved in the case.
In Section 15, you have to complete the checklist. Here, you have to tick on the pages you have completed. You have to include the "Statement of Truth" and finally mention how you will be paying the fees. You have to send three copies of the C 100 form to the court as well. You can Contact us here to seek help for filling in C 100 form.
Please nite this article is NOT legal advise and should NOT be treated as Legal advice.