When parents cannot agree arrangements for their children outside of court, an application may need to be made to court for a Child Arrangements Order.
A Child Arrangements Order is an Order made by the Court which can set out with whom the child is to live, spend time with or otherwise have contact with, as well as when the child is to live, spend time with or otherwise have contact with them.
The Order can specify the duration, frequency and location of any contact as well as the type of contact, for example, supervised or unsupervised and direct or indirect contact.
What is a C100 form?
A C100 form is used to make an application to court for a Prohibited Steps Order, Specific Issue Order or Child Arrangements Order. The form can be completed online or through an application form that can be sent to the Court by email or post.
A step-by-step guide to completing a C100 form
Determine whether you want to apply for a child arrangements order
You may need to apply for a child arrangements order if:
(a) you and the other party cannot agree where your child shall live or how much time they should spend with each of you;
(b) if the other party is not complying with any existing court order; or
(c) if you have concerns about your child’s welfare or risk of harm whilst they are in the other party’s care.
Attending a MIAM
You may need to attend a Mediation Information and Assessment Meeting (MIAM) prior to making an application. At the meeting, a mediator will discuss the matter and help to decide whether mediation is the right way forward for you. You can usually receive a £500 voucher towards the cost of mediation. If you attend a MIAM, but the other party does not, an application can still be made to court.
When do you not have to attend a MIAM?
You do not need to go to a MIAM if:
- You have evidence that you are a victim of domestic abuse
- You have concerns that your children are at risk of harm and the Local Authority is involved
- The application is urgent and there is risk to life or safety
- You have been to a MIAM or made attempts at non-court dispute resolution in the last 4 months
- You are applying for a without notice hearing
- You cannot attend a MIAM for reasons such as location
Paying the fee
The fee for a C100 form is £270. You can pay this fee online, by phone with a credit or debit card, in person by cheque, cash debit or credit card (you may need to book an appointment) or by post with a cheque.
You may not have to pay the fee or may only have to pay part of the fee if you have little or no savings or investments, receive certain benefits such as Universal Credit, or have a low income. A ‘help with fees’ application should be made.
Filling in the C100 form – key points to note
- If you have concerns about risk of harm to the children, you should complete a C1A form alongside the C100 form. Children can be victims of domestic abuse in their own right, but can also be victims if they have witnessed or heard domestic abuse towards you or someone else.
- Parents, guardians and special guardians can make an application without seeking the Court’s permission. If you do not fall into these categories, you may need to seek the Court’s permission to make the application and should check the relevant box within the C100 form.
- If you are unsure whether you qualify for a MIAM exemption, consider the specific evidence that is required for an exemption. These are listed within the C100 form.
- Remember to set out clearly what you are asking the court to do and why, noting any concerns you may also have. This will help the Court determine how the case should be allocated.
- If you are concerned about participating effectively in the hearing, you may wish to consider measures the Court can take to assist, including arranging a separate waiting room, a privacy screen in the court room or even to join the hearing by a video link instead.
What happens after you have submitted your C100 form?
After the C100 form is submitted to Court, the Court will issue the application and allocate a case number. The case will then be considered at a Gatekeeping Appointment, where it will be allocated to a Judge or Magistrates, any necessary directions will be made, and a First Hearing Dispute Resolution Appointment (FHDRA) will usually be listed. These details will be outlined in an Order that is sent to each party.
CAFCASS
CAFCASS stands for the Children and Family Court Advisory and Support Service. At the Gatekeeping Appointment, CAFCASS will be ordered to produce a Safeguarding Letter to the Court before the FHDRA. CAFCASS should carry out safeguarding checks with the Local Authority and police to identify any welfare risks to the child. A CAFCASS officer will also speak to both parties to discuss any welfare concerns they may have regarding the child.
The First Hearing
At the first hearing, the Judge or Magistrates will try to determine what is agreed, what is disagreed and whether the child is at risk of harm. The Court will refer to the CAFCASS Safeguarding Letter when considering these issues. If an agreement cannot be reached at the first hearing, or if it is considered that Court intervention is required, a timetable will be set out to progress the case.
Progression of your case
Further hearings will be listed, and, in the meantime, directions may be made, for example, for parties to file statements, Cafcass to produce a Section 7 Report, or police disclosure to be obtained. In cases where domestic abuse has been raised, the Court will consider Practice Direction 12J which sets out what the Court should do in cases where domestic abuse has been raised.
At the conclusion of your case, a final Child Arrangements Order will usually be made, either by agreement between you and the other party, or by the Judge/Magistrates.
Find out more about Child Arrangement Orders here.
Rayden Solicitors are family law experts and can assist you with parental disputes and domestic abuse. Please don’t hesitate to contact us if you would like further information or speak to one of our child arrangement solicitors.
