This form is used to apply for orders made under Section 8 of the Children Act 1989; that is for a Child Arrangements Order, specific issues or prohibited steps.
(updated as at 3/9/16)
The new Revised Private Law Programme advises that delay will be caused if Form C100 is not fully completed, especially the information on page 1 and sections 1 and 7.
Section 1: Summary of application
You MUST complete this section fully.
Tick the appropriate box according to whether you need the court’s permission to make the application.
See our article Who can make an application? which deals with who qualifies to make an application without leave of the court; a grandparent, for example, will have to apply for leave.
Enter your name and that of the respondent.
State the name of each child, their date of birth and sex, the order you are applying for.
State their relationship to you and to the respondent(s).
Note: there will be circumstances in which you do not know your child’s exact date of birth or name if, for example, your child is born after you separate. You will need to refer to your child as Baby X, where X is the presumed surname, and give an approximate date – write in an empty box ‘approx.; exact DoB not known’.
There is room for the details of 4 children, if you have more photocopy the pages and fill them out.
Section 2: About you (the applicant(s))
Give your name, gender, date of birth, place of birth, address, phone numbers, email address and previous addresses.
It is important to complete this section fully so that the court can identify you accurately.
If you don’t want the respondent to know your address you will need to complete Form C8 as well.
Section 3: The respondents
Give the same details for each respondent to your application, where known.
Where it asks for ‘Address (to which documents relating to this application should be sent)’ give their home address, even if you know they are using a solicitor. Always try to ensure that the respondent has the minimum time available in which to prepare their case.
If you do not know where the children are living you may need to apply for a Seek and Find Order.
Section 4: Others who should be given notice
Give the same details for anyone else who should be informed of your application.
This will be:
- all persons caring for the child at the time proceedings are commenced;
- every person the applicant believes has Parental Responsibility for the child;
- where the child is the subject of a care order, every person the applicant believes had Parental Responsibility immediately before the making of the care order;
- in the case of an application to extend, vary or discharge an order, the parties to the proceedings leading to the order;
- in the case of specified proceedings, the child.
Section 5: Solicitors details
Provide details of your solicitor. If you are using a solicitor enter their name, firm, address and telephone numbers, etc. (these details will be on their letter headings).
Section 6: The child(ren)
State whether your children are known to social services and if so give details.
Tick if your children are subject to a protection plan.
Tick if your children share the same parents and give the parents’ names and details.
State who has Parental Responsibility for the child and what their relationship is.
If you are not certain you will have to say so. See our sections on Parental Responsibility to help you.
Where you are asked to state with whom the child lives and give details of any other adults living there, do not say, ‘with the other parent’ because this establishes a status quo in which they do not live with you. State instead that they have lived with both of you up until very recently and that it is only in the last 2 months (or whatever) that your ex has been preventing contact.
Section 7: Why are you making this application?
You MUST complete this section fully.
Give your reasons for making the application and what you want the Court to do – i.e. what order you want the Court to make.
This will be an order for contact, residence, specific issues or prohibited steps. Generally you will know what order you require, though you may want to read our guides to determine whether you want an order for contact or shared residence.
The form asks only for a summary – ‘You may be asked to provide a full statement later’ – but the space available on the form is very limited; you need to explain why you are bringing the application, what you want the court to do, what has gone wrong in the past and what explanations the respondent has given. That is a lot of information to cram into a small space, so you need to plan very carefully what you are going to write.
In the past litigants have been advised to attach a more complete statement, but the Family Procedure Rules at 12.19 make it very clear that you must not do this, or submit any further documents, without leave of the Court.
You therefore need to write on the form that there is further information and evidence you would like the opportunity to present to the Court. You should then prepare a separate typed statement, providing a comprehensive and well-argued case including all the relevant case law, etc.; use the box on the form to write a summary.
You should also prepare a draft version of the order you want the Court to make; don’t simply hope that the judge will make an order which will be to your satisfaction. Include the actual wording of the order that you are seeking. Make this bullet-proof: it must cover every aspect of your children’s lives: weekdays during term time, weekends during term time (e.g. from 4pm Friday through to 10am Monday), birthdays (father, mother, grandparents both sides etc.), significant days (Mother’s Day, Father’s Day), alternate Christmas and Easter holidays, alternate school midterms, fully half of school summer holidays, who is to deliver, who is to return the children, who is to pay any handover/travel costs.
When you have drafted this, get a McKenzie to check it for you, or submit it for approval to an online forum.
Section 8: Agreements about residence and/or contact
Tick the appropriate box regarding whether you have received the booklet Parenting Plans: Putting your children first; a guide for separating parents. You can download this from the CAFCASS website.
Tick the appropriate box regarding whether you have attended a Mediation Information Assessment Meeting and if you haven’t explain why not.
Searching on the direct.gov website for a mediator does not appear to work and we would suggest you explore the Family Mediators Association or National Family Mediation.
Section 9: Risk
Tick whether you think your children are at risk of domestic violence, abduction, abuse, drug or alcohol or any other harm.
If you ticked ‘Yes’ you must then complete form C1A.
Section 10: Other court cases which concern the child(ren) listed on page 1
Give details of any current or completed court cases concerning your children.
Give the child(ren)’s name, the name of the court, the case number and date.
Give the name of the CAFCASS officer (if any) and the solicitor (if any) and his/her address.
Section 11: Attending the court
Tick the appropriate box regarding whether you or any other party need an interpreter; enter the language in the box below. If you are hearing-impaired and will need a signer in Court, put it in this box.
Tick the appropriate box regarding whether you need assistance or any special facilities because you are disabled; enter the details in the box below.
Section 12: Statement of truth
Sign and date the form.
Checklist
Before you put everything into the envelope and seal it, tick the boxes on the final page. Have you:
· Included copies of any relevant orders;
· Signed and dated the form;
· Provided copies of the application and attachments for all respondents and one for CAFCASS (keep a copy for yourself!);
· Completed and attached Form C1A if appropriate;
· Completed and attached Form C8 if appropriate;
· Attached the sheets of additional children if you have more than four;
· Attached the sheets of additional respondents if there are more than two;
· Included the correct fee (if you are exempt you must complete and attach Form EX160);
· Checked and rechecked all the information you have provided?
