What is a C100 form?
If a court is required to make an order in the form of a Specific Issue Order, a Prohibited Steps Order or a Child Arrangement Order, then an application must be made by filling out a C100 form. The C100 is relatively simple to complete. Keeping the information relevant to your case is important, especially if you complete it yourself. Otherwise, the family court may send the application back to you, causing unnecessary delays.
As mentioned above, the C100 form allows you to apply to the court so that an issue can be ordered and is usually only necessary where there are disputes between the parents regarding the care of the children in some form.
The orders that can be applied for are a specific issue order, prohibited steps order and a child arrangements order.
What is a specific issue order?
A Specific Issue Order is a court order that can be sought by a parent or guardian of a child to resolve a specific question regarding the child.
Specific Issue Orders are most commonly used where parents cannot agree on parenting issues. Therefore, they need a judge to decide on their behalf. Most parents can agree on what happens to their children when they separate. Still, there will be occasions when one parent wishes to take a step that the other parent is not happy with. This can include moving to another area, delaying a child from taking up a place at school or changing a child’s name by deed poll. They can be applied for by either parent or any other person with parental responsibility, such as a grandparent.
Matters that can be dealt with using a Specific Issue Order include:
- Whether the child should have medical treatment
- Whether the child should change their name
- Whether the child should have any religious education
- Decisions on where the child should attend school
- Permission to take the child abroad
Who can apply for a specific issue order?
The following people can apply:
- Parents & step-parents
- Anyone who is named on a child arrangement order
- Anyone who has Parental Responsibility for the child
If you fall outside of the categories above, you may be able to ask the court for permission to apply for a specific issue order.
What is a Prohibited Steps Order?
A Prohibited Steps Order prevents a parent from carrying out certain things or making certain trips without the other parent’s permission. This order is more common in cases where there is a fear that one parent may leave the area with the child/children. This also includes holidays, and a child may only be taken on holiday if the court agrees and they are satisfied that you are likely to return with the child. This does not just include taking the child abroad but also the area/radius set by the court in England and Wales.
There are several things that a Prohibited Steps Order prohibits one of the parents from doing, and they include:
- Preventing a parent from taking the child to another school
- Shield the child from meeting an ex-partner’s new lover
- Prevent the transfer of the child to another country by the ex-partner
Who can apply for a prohibited steps order?
Anyone can make an application with parental responsibility. This can be either a parent, guardian, special guardian or anyone who has obtained a child arrangements order from the family court. Suppose someone who does not have parental responsibility for a child wants to apply for a prohibited steps order. In this case, they must first apply to the court for permission to make an application and can only do so once the court has given this permission.
A child aged 16 or 17 may also apply for an order themselves if they live independently from their parents and have not been married.
Who will decide whether or not the prohibited steps order should be granted?
The family court will decide whether or not a prohibited steps order should be granted. The court is required to consider what is in the best interests of the child when making any decisions and will take into account all relevant factors, including:
The wishes and feelings of the child/ren concerned (taking into account their age and understanding).
What is a child arrangements order?
A Child Arrangement Order is a court order that sets out what arrangements should be made for the care of a child or children. It will often set out where the child should live and whom they should spend time with. Some common stipulations made by a Child Arrangement Order include:
Whom the child will primarily live with
Under what conditions the child will spend time with the other parent. These conditions can include when and how frequently visits will occur (whether after school, at certain weekends or on a monthly or less regular schedule) and where the visits will take place (for example, at the non-custodial parent’s home, at the child’s home, or in a public location)
What kinds of contact the child will have outside of these visits (which could mean texts and phone calls, emails, or interactions over social media)
It is most commonly issued to the biological parents of a child when those parents separate or divorce. However, this is not always the case. Anyone who has parental responsibility can apply for a Child Arrangement Order, whether they are a biological parent, a step-parent, a guardian or another relative.
In most cases, both parties have to attend a Mediation Information and Assessment Meeting (MIAM) to see whether the arrangements for the children involved can be resolved through mediation before an application to the courts for an order can be made.
Again, when this order is being considered, the child’s welfare is the primary consideration. A welfare report is usually required from either CAFCASS or children’s services.
A C100 court application can be made either through a solicitor or as a ‘litigant in person’ whereby you represent yourself.
When completing the C100 form, you need to include as much information as possible, especially regarding the other party, so that they can be contacted. Details about the orders you are seeking are very useful, e.g. what kind of contact you are seeking, but too much information about the history of everything is not needed at this stage, as this will be explored further along in the proceedings.
The form also asks about the risk of harm, and this needs to be completed so that the courts are aware of any potential concerns. A separate C8 form must also be filled in if you do not wish for your ex-partner to have your address. These concerns can also relieve you of the need to attend a MIAM, as do certain other exceptions. However, as a general rule, attendance at a MIAM is now a legal requirement before applying for a court order.
If you need to make an application to the family courts, please click here and book a free no-obligation MIAM Consultation where the family mediator will be able to tell you whether you will likely require a C100 MIAM Certificate or whether you can bypass the process and go to court.
More information can be found at – https://www.gov.uk/looking-after-children-divorce
How can I get a C100 Form?
A C100 form can be obtained through your solicitor or family mediator, can be downloaded or can be completed online. Ensure that a family mediator signs your C100 form before making an application to the court. If you are not exempt from attending a MIAM and are submitting a C100 application which hasn’t been signed by a Family Mediation Council accredited Family Mediator, it will be rejected by the court. You first need to attend a MIAM.
How can I get a C100 MIAM Certificate?
To get your C100 MIAM Certificate, please call us on 01905 330055, or request your free MIAM consultation here. Your family mediator will be able to guide you and provide you with the C100 MIAM Certificate (where applicable).
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