What is a C100 form and when do I need one?

What is a C100 form?

A C100 form is used where a party is applying for a Specific Issue Order, a Prohibited Steps Order, or a Child Arrangements Order. These orders relate to the arrangements for a child or parental disputes over an element of a child’s upbringing.

A Child Arrangements Order decides who a child is to live with, spend time with or otherwise have contact with.

A Specific Issue Order determines a specific issue in relation to a child’s upbringing where there has been disagreement, for example, where they should attend school.

A Prohibited Steps Order is used to prevent a party exercising their parental responsibility where it is not in the best interests of the child.

What is a MIAM?

Before making this type of application, you will be required to attend a MIAM (Mediation Information and Assessment Meeting) with a family mediator, unless you are exempt. This is a short meeting to determine if the matter could instead be resolved through mediation. On attending this meeting you will receive a MIAM certificate to allow you to continue with the application if mediation is not appropriate.

Valid exemptions:

• Domestic abuse: Mediation is generally inappropriate where there is evidence of domestic abuse and or coercive or controlling behaviour. Victims may feel intimidated, unable to advocate for themselves, or pressured into unfair agreements. The Family Procedure Rules, specifically Practice Direction 3A, sets out a detailed list of the specific evidence that will be required in support of this exemption. 
• Child protection concerns: This applies where a child who would be subject to the application or another child of the family living with that child is subject to enquiries by the local authority or the subject of a child protection plan.
• Urgency: The application must be made urgently because there is a risk to the life, liberty or physical safety of the applicant or their family or home or delay would risk harm to a child, a significant risk of a miscarriage of justice including significant financial hardship or irretrievable problems dealing with the dispute.
• Previous MIAM attendance for the same or substantially the same issue: The prospective applicant must have attended, within the last four months before the date of the court application, a non-court dispute resolution process in relation to the same, or substantially the same dispute to which the proposed proceedings relate.
• Bankruptcy: The prospective applicant is bankrupt and the proceedings would be for a financial remedy.
• Inability to attend meeting due to disability: The prospective applicant is subject to a disability or other inability that would prevent their attendance in person at a MIAM unless appropriate facilities can be offered by an authorised mediator.
• A child is one of the prospective parties
• The application would be made without notice
• The prospective applicant is in prison or other institution and facilities cannot be made for them to attend a MIAM online or by video-link.
• The prospective applicant is subject to bail or licence conditions preventing them from contacting the other person.
• Lack of availability of authorised family local mediators: The expectation is that a prospective applicant should be able to find an authorised family mediator within 15 miles of their home who is able to carry out a MIAM within 15 business days of the date of contact or be able to attend a MIAM online or by video-link.

I have allegations or concerns about a risk of harm — what should I do?

If you have concerns about harm, or the risk of harm, you will need to complete an additional form, a C1A form, and submit this with the C100 form.

What happens after a C100 form is filed?

Once a C100 form is completed and filed it triggers the child arrangement proceedings. A court timetable will be set in motion with a number of hearings taking place. If allegations have been made, e.g. domestic abuse allegations, and there are factual disputes that are relevant to the decision to be made about the children, a fact-finding hearing will take place as part of the proceedings to determine the factual background of the matter.

If the dispute cannot be resolved, the proceedings will progress to a final hearing where the judge will come to a decision on the arrangements for the child after hearing all the evidence, and a final order will be made recording the decision.

Who needs to fill in a C100 form?

You can complete the C100 form yourself or this can be done for you by your solicitor if you have one. The form does not need to be completed by a solicitor but you may find it helpful for them to assist with the completion of the form. Obtaining independent legal advice prior to completion of the form is advised as these matters can often be complex.

How much does a C100 form cost?

The fee for a C100 application is currently £232. However, if you receive benefits or are on a low income you may be eligible for help with paying the court fees.

How long does a C100 form take to complete?

The application is 28 pages long and can be time-consuming to complete. However, this will vary from person to person. You may wish to seek the assistance of a solicitor if you are struggling to complete the C100 form.

What is the difference between a C1 and C100 form?

You cannot use a C1 form to apply for a Child Arrangements Order, a Specific Issue Order or a Prohibited Steps Order. This can only be done by way of a C100 form. The C1 form is used for different applications under the Children Act 1989, such as an application for a Parental Responsibility Order.

What happens next?

See our flowchart below for a breakdown of the process to be followed after a C100 form has been completed.

Terms and definitions related to C100 forms

Applicant

The person making the court application/asking the court to make an Order.

Arbitration

A privately funded, out of court, form of dispute resolution which can provide an outcome if matters proceed on a contested basis. It is a highly adaptable process where both parents work with their appointed arbitrator to manage the case. If agreement cannot be reached the arbitrator will make the decision.

CAFCASS/CAFCASS Cymru

Children and Family Court Advisory and Support Service: CAFCASS represents children in cases in the Family Court. They are an independent agency who advise the Court in relation to children’s safety and what is in their best interests.

CAFCASS Report

A welfare report, prepared under section 7 of the Children Act 1989. The report will be on such matters relating to the welfare of that child as are required to be dealt with in the report. The report may be in writing or oral.

Child Arrangements Order

These orders set out who the child lives with or spends time with and what the arrangements will be. If a party is granted a ‘live with’ order, then they will automatically have parental responsibility for the duration of that order. The orders can be very specific and can cover arrangements during term time and school holidays/ special occasions or can be more flexible and leave areas to be agreed between the parties.

Child Arrangements Programme

A process that applies where a dispute arises between separated parents and/or families about arrangements concerning children. It is designed to assist families to reach safe and child-focused agreements for their child, where possible out of the court setting. If parents/families are unable to reach agreement, and a court application is made, the CAP encourages swift resolution of the dispute through the court.

Children’s Guardian

A person (usually a specialist social worker) appointed by the court to look after the interests of a child in the case.

Collaborative law

A family law process which involves both parties engaging their own collaboratively trained solicitors. Both parents and their solicitors agree in writing not to go to court. All issues are discussed in 4 way meetings, whether in person or remotely, through video conferencing.

Consent Order

When parties reach an agreement which resolves the dispute, the judge may agree to make that agreement into an order called a consent order.

Dispute Resolution Appointment

This is a court hearing which takes place to explore if the dispute can be sorted out with the help of a judge. The Court and parties review the matter to see whether the key issues can be resolved or narrowed and consider whether it can be used as a final hearing. If not, the court will determine what the issues are and provide case management directions to final hearing.

Fact Finding Hearing

A court hearing set up for the court to decide on issues of fact or allegations which are in dispute.

Family Procedure Rules 2010

The rules of court which govern family cases.

Final Hearing

When the court imposes a final decision on the parties.

First Hearing and Dispute Resolution Appointment

This is a court hearing which takes place at the beginning of the court's involvement. A FHDRA would normally take place between 4-6 weeks following the issuing of the application due to COVID-19 some courts are dealing with delays due to backlogs of applications and timescales may vary. Both parties must attend (with legal representatives). CAFCASS usually attends this hearing.

Gate Keeping Officer

The nominated District Judge and/or nominated Legal Adviser responsible for deciding which level of judge in the family court should initially deal with an application. The application is considered within one working day of the date of receipt by the Gate Keeper. Where it appears that an urgent issue requires determination, the Gate Keeper may give directions for an accelerated hearing.

Interim Contact

Contact/time spent with a parent that takes place between the first court hearing and the final hearing. If interim contact cannot be agreed at FHDRA a separate hearing may need to be listed to deal with that prior to the DRA.

Mediation

A confidential and impartial family law process. Together with your chosen mediator, the parties set the pace and agree topics for discussion and frequency of meetings. The mediator helps facilitate a supported conversation and has a responsibility to try to help parents focus on what is best for the children. Mediation is not about relationship counselling, but helps parents to try to reach an agreement on the arrangements for their children.

MIAM — Mediation Information and Assessment Meeting

This meeting provides information about the mediation process. It is conducted by a trained mediator who will assess whether mediation is suitable taking into account the particular circumstances of the case. It should be held within 15 working days of contacting the mediator.

Parenting Plan

A written plan worked out between parents after they separate covering the practical issues of parenting. The Plan can help clarify the arrangements needed to put in place to care for children after separation, without having to go to court Practice Direction 12J: Part of the Family Procedure Rules 2010 that sets out how the court should deal with allegations of domestic abuse.

Prohibited Steps Order

An order providing that a specified step, which could usually be taken by a party in meeting their parental responsibility for a child, cannot be taken without the consent of the Court. Examples of such steps include authorising medical treatment, changing a child’s school or changing a child’s surname.

Respondent

The person or people receiving the court application.

Safeguarding and Safeguarding checks

Assessing safety/risk of harm. CAFCASS make enquiries about the adult parties named in the application. They make police national computer checks [PNC] at level one and then decide based on the results if enhanced police checks are needed. They also check with the local authority if the family is known to them. A CAFCASS officer then telephones all parties to conduct risk identification telephone interviews and if risks of harm are identified, may invite parties to meet separately with the CAFCASS Officer before the FHDRA to clarify any safety issue. They then put all of the relevant information into a safeguarding letter which is sent to the Court and all parties.

Separated Parents Information Programme (SPIP)

A course which encourages parents to put children first whilst separating. The programme deals with how to manage difficulties, communication between parents and the impact of conflict upon children. Parents can self-refer (there may be a cost in this case) or can be ordered to attend by the Court (in this case the course is usually free).

Service of Proceedings

If possible at the time of issue (processing by the court), and in any event by no later than one working day after issue, or in courts where applications are first considered on paper by no later than two working days after issue, the court shall provide the Applicant with: (i) A copy of the application form C100 (together with the Supplemental Information Form C1A) (ii) Notice of Hearing (iii) Acknowledgment Form C7 (iv) A blank Form C1A, (if required) (v) Information leaflets for the parties (which must include the CB7 leaflet). Unless the Applicant requests to do so, or the court directs the Applicant to do so, the Court will serve the Respondent(s) with the documents above.

Specific Issue Order

An order relating to a specific question about a child’s upbringing. Examples include which school a child will attend, which religion a child should follow and whether a child can go on holiday abroad.