- What types of orders is the C100 form used for?
- Why is a C100 form needed?
- Where can I obtain a C100 form from?
- What is the cost of submitting the C100 form?
- How long do the family courts take to process the C100 form?
- Will I need to attend mediation before my C100 form is processed?
- I am unable to complete the C100 form can I obtain guidance?
- How to complete the C100 form
- How do I submit the C100 form?
- What happens once the application is submitted to the family court?
If you are or have been involved in legal matters surrounding your children you would have been advised of the need to complete a C100 form. Whether you are battling with a dispute surrounding the custody of your children or you are looking to establish contact with a child with whom you no longer stay, the C100 form will be the initial paperwork you complete.
What types of orders is the C100 form used for?
The C100 form is one of the most commonly used forms in child law proceedings. If you are looking to apply for one of the following types of child orders then you will need to complete this form:
- Child Arrangement order – this is the order to determine where the child lives and whom the child will spend time with.
- Specific issue order – this is the order to give direction regarding a specific question of parental responsibility.
- Prohibited steps order – this is the order which prevents an action regardless of whether there is parental responsibility.
- Changing a Child Arrangement Order – this is where a parent wants to change an existing court order for child access.
- Stopping child contact – this is where one parent wants to prevent the other parent from having any contact with the child.
Why is a C100 form needed?
The form C100 is needed if you want the court to make a legally binding order. The form is commonly used where you and your former partner cannot reach an agreement. The C100 once completed is submitted to the family court as part of your application for a child proceeding matter on which you want the court to decide upon.
Where can I obtain a C100 form from?
If you are acting in person you are able to download the C100 form from here. If you are seeking legal assistance then your child law specialist will be able to provide you with a copy of the form to complete.
Care should be taken when completing the C100 application to avoid delays or difficulty through the proceedings arising from a poor prepared form.
What is the cost of submitting the C100 form?
The cost of submitting a C100 application form for a child proceedings matter is £215.00. This fee needs to be paid to the family court before they can issue the application. The form can either be paid by way of a postal or cheque if you post the form. You could also pay the fee by card if you provide your contact number on a covering letter with the C100 form and request the court to contact you when processing the form for the payment.
How long do the family courts take to process the C100 form?
It is important to note when completing a C100 is that the courts may take 4 to 6 weeks to deal with such applications. The matter could be further delayed if the court is currently dealing with a backlog of work. However, if the matter is urgent you can submit an emergency application to the family court. Quite usually such applications will be considered on the day the application is made given that a child’s welfare maybe at risk.
Will I need to attend mediation before my C100 form is processed?
It is very important that before your child proceedings application is processed that you obtain mediation. You will be required to attend a Mediation Information and Assessment Meeting (MIAM). There are certain scenarios in which mediation may not be required such as where there is evidence of domestic abuse. The mediation meeting will be used to assess whether mediation is right for you and whether you can agree arrangements out of court. Only authorised mediators can carry out a mediation meeting which will be required prior to proceeding with your application unless any exceptions apply.
If, however you are making an urgent application then mediation will not be required at that stage given the urgency of the matter.
If you are unsure as to how you can arrange to attend a mediation meeting then contact us today. We will be able to assist you in finding a mediator who is based local to you to avoid causing you with any further disruption or stress.
Alternatively you can browse the family mediation council website to locate a mediator close to you.
I am unable to complete the C100 form can I obtain guidance?
Quite often people involved in child law disputes may be suffering emotionally and may need support and assistance to complete the application form. Child law specialists are able to provide this assistance. At Kabir Family Law we pride ourselves in assisting many clients with their child law matters by providing guidance on the process right from completing the C100 form through to preparing you for your hearings.
With extensive knowledge and experience our specialists can guide you through the process by providing you with practical and tailored advice to suit your personal circumstances. Contact us today to arrange a consultation and benefit from the advice from our specialists.
How to complete the C100 form
The first page of the C100 form explains the mediation process and how this can be accessed. It also provides information on the next steps if you feel an exemption to mediation may apply. On the next page you need to complete the form with the basic details which include you your full name under the applicant section since you are completing the form and the other parties name against whom the application is made under the respondent section.
When completing the C100 form you are required to outline whether there are risks of harm to the child and if so identify which risks. You need to ensure you are certain that you have grounds to make these serious allegations. If there are any concerns or risks of harm then the form C1A must also be completed and filed with the C100 application.
You will also be required to confirm whether you require permission to make this application, if you are a parent then permission will not be required. Alternatively if you are a grandparent wanting to establish contact with your grandchildren then you will need leave from the court to make such an application. You are also asked to confirm whether an urgent hearing with or without notice is required. If your application is urgent then this will need to be ticked. You will also need to confirm whether there are any previous or ongoing proceedings for the children, whether there is any international element such as a parent taking a child out of the UK or whether you are considering locating abroad with the children. The final question is whether the child or anyone involved will need to speak or need written Welsh during the proceedings.
On page 2 of the C100 form you are required to complete the full details of the children who will be involved in the application and confirm what relationship you and the respondent have with the children.
Page 3 of the form requires you to provide more information on the children and include details of whether social services have been involved, whether the children have the same parents and who the children currently reside with.
Pages 4 till 9 relate to mediation and exemptions. If you have received a MIAM certificate you will need to include this or alternatively complete the pages with regards to the exemption form mediation which applies to your situation.
Page 10 of the form C100 requires you to provide information on your reasons for making the application. This is where you need to clearly explain to the court what you are asking for and the purpose of your application. If there is more information you wish to include then you can provide a statement to the court to be considered alongside your application.
Pages 11 and 12 of the form C100 only need to be completed if you are making an application for an urgent hearing. These pages require you to provide information on what you are seeking, the reasons for the urgency and when the application should be considered.
On page 13 of the form you will need to provide details of any existing or ongoing proceedings which relate to the child named in the application. This information could be found on the court documents you have received for any previous child matters or you can simply contact that Court by telephone to secure the relevant information.
Page 14 of the C100 only needs to be completed where there is an international element involved. If not then this needs to remain blank.
Page 15 concerns your attendance at the court. Accurate information is required to ensure the court is ready for you and anyone else who is attending the court. You therefore need to specify whether any party will require an interpreter or any other assistance or facilities.
Pages 16 and 17 of the C100 form require you to provide full contact details of you and the respondent (the other party involved). This section needs to be completed accurately to ensure any paperwork from the court is received and to ensure no delays are caused.
Page 18 of the form only needs to be completed if there are any other parties who need to be provided with notice of the application and how they are related to the child.
If you have legal representation for the matter then you will need to provide your representatives details on page 19 of the application form. Page 20 of the application form is an important section. It contains a checklist to enable you to ensure that you have completed the relevant sections which apply to your circumstances and provided the required evidence. The page also confirms a statement of truth which you need to complete, sign and date which confirms that the information you have provided is accurate to your understanding.
How do I submit the C100 form?
The completed C100 form needs to be submitted to the family court by post. You need to ensure 3 copies of the completed form are sent together with C1A if the matter is urgent and your witness statement. You must also ensure you enclose payment for the application form. You will also need to ensure you serve the application form on the other party involved.
What happens once the application is submitted to the family court?
Once the form is received by the court they will issue the application and provide a notice of issue to both you and the respondent. The respondent will also be required to acknowledge receipt of the court form. The courts will then list the matter for a first hearing dispute resolution appointment, the purpose of which is to consider the safeguarding information and the courts will encourage the parties to resolve the information. Cafcass may also be instructed to make initial enquiries regarding the welfare of the child involved. At the first hearing the courts will not consider any evidence but will see whether the matter is capable for settlement. If an agreement cannot be reached at this stage the courts will then make directions to progress the case and get the case ready for a full hearing in which the evidence could be heard. At this stage the court may also direct Cafcass to prepare a section 7 report which will be used to consider what should happen. If serious allegations are made by either party which could affect the outcome of the case there may be a fact finding hearing before the final hearing to determine the issues. The matter will finally be listed for a final hearing in which the court will make an order and impose their decision which will be binding on all the parties involved.
Arrange a free initial consultation with our family law specialists today
Our family specialists have experience of dealing with all aspects of child proceedings. We can assist you at any stage of the proceedings, right from assisting you in completing the C100 to preparing you for your final hearing. Contact us today on 0330 094 5880 to discuss your options or let us call you back.
With family lawyers in Newcastle as well as York, Northampton, Oxford and London we are proud to be within local reach of client’s nationally across the UK.