This is a layperson guide on how to fill out the C100 form?
This article was authored based on the C100 Child form as it currently stands on the 01st September 2021. Should you need any assistance, our firm of paralegals can help you every step of the way. Do note that this is NOT legal advice and should not be taken as legal advice as many factors go into considerations while filling in the C100 form.
Filling out the form is extremely important, as filing a C100 form with the courts typically costs £215.00. Therefore, ensuring it is correct so that your application can be properly reviewed is essential. Here at CHL, we can offer you guidance and even take away the pressure by completing it for you, just get in touch with one of our friendly team members.
Page 1
1. The Applicant is the person who is making the application. Therefore, you write your first name and last name in the boxes.
2. The Respondent is the person who you are making the application against. So, if this is your ex-partner, husband or significant other, you would write their first name and last name in the corresponding boxes
3. You would then tick which orders you are applying for- Child Arrangements Order which covers who the child lives with and how much contact is with each parent
Prohibited Steps covers how one parent cannot remove the child from the country/area without the other parent’s permission
Specific Issue Order covers if there are certain specific issues e.g. if one parent is accusing the other of drug abuse issues a specific issue order can be asked to address these issues
4. On the right hand side of the form there are specific ‘tick boxes’. If you have ticked yes for any one of them, then you must fill out the supplementary C1A form and send that form alongside your completed C100 form.
5. The final section of this page looks at points and if you say yes to any one of them, then you must fill out the corresponding sections which are given on later in the form.
Page 2
1. The second page looks at all the children details. You need to fill in their first name, last name and Date of Birth. Underneath this, tick whether they are male or female and next to this the orders you are applying for relating to them i.e. child arrangements, specific issues or prohibited steps order
2. Underneath this, you need to put what the Applicant’s relationship and the Respondent’s relationship is to the child i.e. Mother and Father
3. Repeat this for every child.
Page 3
1. If the children are known to social services you need to tick yes. If no then tick no. If yes, then in the next box, put the child’s name the social services i.e. Birmingham Social Services and the name of the social worker if you have it.
2. If the child is subject to a child protection plan, then tick yes, no or don’t know.
3. If all the children have the same parents, then tick yes and put the names of the parents. This will normally be the Applicant and the Respondent’s names. If no, then in the bigger box, you can put the name of each child and the name of the parents next to them
4. In the next box, you need to put everyone who has parental responsibility for the child and how they have this- for example, 'Applicant Mother of the children' and 'Respondent as he is the father on child’s birth certificate'
5. Part 1D, you should tick who the children are living with currently. If it is someone else, for example grandparents then you should tick the ‘other’ box and put the full address of the home the child is living in, along with all names of all adults living at the address and what their relationship is to the child. If for any reason you do not want the other party to know where the child is, then you can leave this box blank and instead fill out FORM C8.
Page 4
1. It is now a legal requirement for you to attempt mediation, before making a C100 application
2. If there are any current or previous court cases relating to the child, then you must fill out section 7 but you do not have to fill out any of section 3 or 4.
3. If you are claiming exemption from mediation, this can only be in extreme cases, where there is domestic abuse, or the C100 application you are making is an emergency application. Sections 3 and 4 list out all the possible reasons why you are saying you are exempt from mediation.
4. If you have gotten in touch with a contact centre for mediation and they have told you that you are exempt from mediation, ask them to fill out and sign section 4A. They must do this and you must send the C100 form to the courts within 4 months of this date.
5. If you have attended a mediation session and it was not successful and you are still applying to court for an order, then the family mediator must complete and sign section 4b. If they do not, the courts will not accept your application.
Page 5/6
1. If you have ticked yes to question 2b, then you must now tick a box as to why you are asking for exemption of mediation.
2. Domestic Violence is for those who have been physically, emotionally, psychologically abused by their partner. There are other forms of abuse which count as domestic violence, please see the definition of domestic violence here:
Urgency is the reason you tick if there are abduction concerns or the child has been taken away by the other party and you need them back ASAP.
Child protection is if there are any safeguarding issues relating to the other party or parties
If none of this applies, then there is a box for ‘other’
3. You only complete section 3A if you have ticked, ‘domestic violence’ as a reason for exemption of mediation.
Page 7/8
1. Section 3B you only fill in if you have cited ‘ child protection concerns’ as you reason for exemption from mediation. This is typically when a child has been known to social services and they have made a protection plan for the child.
2. Section 3C covers urgency reasons, as to why you cannot wait for mediation to happen and that you have to apply directly to courts now.
3. Section 3D only applies if you have had previous MIAM exemption or you have attended previously within the 4 months deadline
4. Section 3E applies if you have ticked yes to ‘other’ for mediation exemption
Page 9
Section 4 should only be completed by the professional Family mediator.
Page 10
1. Typically, you do not need to require permission from the courts to make an application. It is only if the courts have previously expressed to you that you must ask them first in order to make another application that you would then tick this box accordingly. This is only when parties keep continuously coming back to court and the court sees it as a waste of time and so they tell the parties they cannot apply before seeking permission. If it is a new application you will always tick No-permission not required
2. Section 5B covers what you want to say is happening to the courts and that is why you are making this application. For example, you can say you are applying for a child arrangement order as the respondent is not allowing you to see the child since DD.MM.YY and you need the courts to grant you this order so that you can spend time with the child. You can also make a full supporting statement in a separate document and in this box, at the end of the brief outline put ‘please see attached full supporting statement’
3. If you have previously prepared a parenting plan then you must attach it with the application.
Page 11
1. If you are applying for an urgent hearing, and have ticked this at the front of the form, then you must fill out this box. You should put the order you are applying for and in the next box, the reasons for urgency. These could be , abduction concerns, safeguarding issues, return of the child.
2. In the proposed timetable, you need to put how long the courts should consider your application which can range from 24 hours to 28 days, depending on how much of a rush you are in
3. If you have asked for consideration of the application within 48 hours or less, then you must fill out how you expect to give notice to the respondent. Typically, you can put in something like, ‘The Respondent knows that I will be doing whatever I can to safeguard the child’
Page 12
1. Without notice means you are not telling the other party that you are making this application to the courts. This is normally done in urgent applications. If you are asking for this then you need to put the reasoning why, for example, 'if the respondent knows I am making this application, they will run away with the child or they may threaten me and coerce me in removing my application' . You can also cite the reason if of domestic violence if there has been history of domestic violence
2. You can fill out all three boxes but the first and at least one of the other two must be filled out accordingly with the reasoning.
Page 13
1. If the child has been known previously to the court you must fill out this section. You need to write the name of the child, the name of the court where the case was heard, the case number of that case, the date of the proceedings and if there was any CAFCASS involvement, the name of the CAFCASS officer
2. You can tick more than one box and you should tick all that applies to the type of case the child was subject to previously. You must then attach any copy of any orders relating to this, C100 application.
Page 14
1. If the child, parent or any other significant other in the child’s life can live in another country, then you must give these details.
2. If the child can be subject to a court order in a different country then this box needs to be ticked yes and details given as to how and why
3. Another country is somewhere outside England and Wales. This includes Scotland, as Scottish Law is different than English and Welsh Law.
4. Section 9 covers if you will have difficulty representing yourself, i.e. you suffer from anxiety or learning difficulties.
5. You need to provide evidence of this in the form of any referrals or assessments undertaken by the relevant professionals.
6. Similarly, if you know the respondent may have certain issues, then you can fill in the final box, otherwise you can leave IT blank.
Page 15
1. If you need additional help or assistance then you can fill out section 10. You are entitled to speak Welsh and receive documents in Welsh if the proceedings are taking part in Wales.
2. You can fill out if you need help with language interpretation including if you will need a translator. If there are facilities that need to be taken into consideration such as wheelchair access or large print for documents then you can also request help with this. If you are a victim of domestic violence, then you can ask for a separate waiting room or a screen for when you are sitting in court so that you do not have to see or speak directly with the abuser.
Page 16/17
1. These details need to be completed for all Applicants. You need to fill in at least your first name and last name, gender, date of birth, full home address and contact number or email address. It would be good if you completed the place of birth box but not entirely necessary. If you have not lived in the home address for more than 5 years then you should write down all the addresses you have lived in for the last 5 years along with the timings next to them.
2. You do this for the Respondent section too.
Page 18
1. If the child is in care of a grandparent or some significant other, then their details need to be written in this section. You also need to fill in what their relationship is to EACH child.
2. If there are other children but they are not part of the application and simply live with you or are cared for then their details need to be added in section 13A.
Page 19
1. If you do have a solicitor working for you, then you should enter their details on this page. If you do have a solicitor, then typically they will be the ones who are filling out this form for you and you do not need to worry. Solicitor fee's can be quite high and so you can try to fill in the form yourself and if you need any help or need our assistance then you can contact us.
Page 20
1. The checklist should all be ticked yes, to show that you have read everything on the form.
2. If you are a 'litigant in person', which means you don't have a solicitor or barrister representing you, then you should sign your full name and date of when you are making the application under the statement of truth part.
3. If you have a solicitor acting on your behalf, then they should fill this out instead of you.
4. You should also tell the courts how you expect to pay the court fee for making this C100 application. It costs £215 to make a C100 application to the courts and so you can tick yes, if you will be paying card over the phone.
If you are on low income, then you can apply for exemption for fees through this link Form EX160: Apply for help with court and tribunal fees - GOV.UK (www.gov.uk) and at the beginning of the form, fill out the ‘HWF’ i.e. help with fees code.
Please do note that this Article is NOT Legal advice and should not be treated as legal advice.
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