In this article, we will explain what the C100 form is, when it is used, and how to fill it out correctly.
However, if you are completing the C100 form, it is recommended to seek advice from a family law solicitor. They can provide you with the necessary guidance and ensure that all 25 pages on the form are filled out correctly. Seeking professional advice can increase the chances of a successful outcome in your case.
What is the C100 form?
The C100 form is a court form used in family law cases in the UK. It is also known as the “Application for a Child Arrangements Order” form.
This form is used to apply for a court order that determines where a child will live, who they will have contact with, and when.
When is the C100 form used?
It is normally used in cases where parents are unable to come to an agreement on these matters. The C100 form is used in a variety of situations, including:
- Divorce or separation: If you are going through a divorce or separation and cannot agree on child arrangements, you may need to use the C100 form to apply for a Child Arrangements Order.
- Disagreements between parents: If you and your child’s other parent are unable to come to an agreement on child arrangements, the C100 form can be used to apply for a court order including a Child Arrangements Order, a Specific Issue Order or a Prohibited Steps Order.
- Changes in circumstances: If there has been a significant change in circumstances that affects the child’s living arrangements, the C100 form can be used to request vary a Child Arrangements Order.
- Domestic abuse: If there has been domestic violence in the family, the C100 form can be used to apply for a court order to protect the child.
Who can fill out the C100 form?
Parental responsibility refers to the legal rights, duties, powers and responsibilities that parents have in relation to their child. It includes the right to make decisions about the child’s upbringing, such as their education, healthcare and general welfare. In the context of the C100 form, anyone who has parental responsibility for the child can fill it out. This includes:
- Biological parents
- Adoptive parents
- Legal guardians
- Step-parents (if they have a court order for parental responsibility)
If you are unsure whether you have parental responsibility, you can check with a family law solicitor or on the Government’s website.
Family Mediation and the C100 Form
Family mediation is a process that can be used as an alternative to going to court when parents are unable to come to an agreement on child arrangements. It is a voluntary and confidential process that involves a trained mediator who helps facilitate communication and negotiation between the parents.
Family mediation can be used in conjunction with the C100 form. In fact, before making an application to the court using the C100 form, it is generally recommended that parents attempt mediation first. This is because the court expects parents to have considered mediation as a way to resolve their disputes before resorting to litigation.
If parents reach an agreement through mediation, they can then submit the agreed-upon arrangements to the court using the C100 form. The court will review the agreement and, if it is considered to be in the best interests of the child, may issue a court order based on the agreed-upon arrangements.
It is important to note that family mediation is not suitable for all cases, particularly those involving domestic violence, where there are significant power imbalances between the parties or where the application is urgent. In such cases, it may be necessary to proceed directly to court using the C100 form.
What Constitutes an ‘Urgent Application’ to the Court?
An urgent application for the C100 form refers to situations where there is an immediate need for a court order to protect the child’s welfare or safety. It is typically used in cases involving domestic violence, child abduction, or other urgent circumstances that require immediate intervention from the court.
When filling out the C100 form, you can indicate that your application is urgent by explaining the specific circumstances that make it necessary for the court to expedite the process. For example, if there is an immediate risk of harm to the child or if there is a need to prevent the child from being taken out of the country without consent, you should clearly state these concerns in the section “Why you are applying for a court order” on the C100 form.
It is important to note that urgent applications require strong evidence and justification to support the need for immediate court intervention. If you believe your situation qualifies as an urgent application, it is advisable to seek advice from a family law solicitor who can guide you through the process and help you present your case effectively.
How to fill out the C100 form
Filling out the C100 form correctly is crucial, as any mistakes or missing information can delay the court process. Here is a step-by-step guide on how to fill out the form:
Step 1: Download the form
The C100 form can be downloaded from the government’s website or obtained from your local family court. This version was the most up to date version on the date this article was published.
You can also apply online: Making child arrangements if you divorce or separate
Step 2: Fill out the personal details
The first section of the form requires you to provide your personal details, including your name, address, and contact information. You will also need to provide the same information for the other parent.
Step 3: Provide details about the child
In this section, you will need to provide the child’s full name, date of birth and address. If there are any other children involved in the case, you will need to provide their details as well.
Step 4: Explain why you are applying for a court order
The section should include detailed reasons why you are seeking a court order regarding child arrangements. This section is an opportunity for you to explain the specific circumstances that have led to the need for a court order.
Here are some points that you can include in this section:
- Current living arrangements: Describe the current living arrangements of the child and explain why they are not satisfactory or suitable. For example, if the child is not living with you or if there are issues with the current living situation, you can provide details about it.
- Disagreements between parents: If you and the other parent are unable to come to an agreement on child arrangements, mention the specific disagreements and the efforts you have made to resolve them outside of Court.
- Changes in circumstances: If there have been significant changes in circumstances that affect the child’s well-being or living arrangements, explain these changes and how they have impacted the child’s best interests.
- Concerns for the child’s welfare: If there are any concerns or risks that the court should be aware of, such as domestic abuse, substance abuse, or neglect, provide details about these concerns and explain why you believe a court order is necessary to protect the child.
- Any other relevant information: Include any other relevant information that supports your case for a court order. This could include evidence of the other parent’s inability to provide a safe and stable environment for the child or any other factors that you believe are important for the court to consider.
Remember to be clear, concise and provide specific details in this section. It is important to focus on the child’s best interests and explain why a court order is necessary to ensure their well-being. This section is absolutely crucial to a positive outcome and it’s highly recommended to seek professional advice from a family law solicitor to ensure your best chance of success.
Step 5: Provide details about the child’s living arrangements
You will need to provide details about the child’s current living arrangements, including who they live with and how often they have contact with the other parent.
Step 6: Provide details about any previous court orders
If there have been any previous court orders regarding the child, you will need to provide details about them in this section.
Step 7: Explain any concerns or risks
If there are any concerns or risks that the court should be aware of, such as domestic abuse or substance abuse, you will need to explain them in this section.
Step 8: Sign and date the form
Both parents will need to sign and date the form to confirm that the information provided is accurate.
Step 9: Submit the form
Once the form is completed, it can be submitted to the family court. You will need to pay a fee (currently £215) when submitting the form, unless you are eligible for a fee waiver.
What happens after the form is submitted?
After the C100 form is submitted, the court will review the information and decide whether to issue a court order. They may also request additional information or schedule a hearing to gather more information.
It is essential to attend any hearings scheduled by the court and provide any additional information requested promptly. Failure to do so may result in delays or the court making a decision without all the necessary information.
We are here to help
If you are considering using the C100 form, it is recommended to seek advice from a family law solicitor to ensure it is filled out correctly and increase the chances of a successful outcome. To start proceedings we offer a fixed fee consultation which can be booked online or call 020 8889 3319 (lines open 9am – 5pm, Monday – Friday).