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 form is relatively simple to complete, but it is essential to keep the information relevant to your case, especially if you are completing it yourself. Otherwise, the court may send the whole application back to you, causing unnecessary delays.
A C100 form is usually only necessary where there are disputes between the parents regarding the care of the children in some form.
What is a specific issue order?
Specific Issue Order – This is an order that pertains to a particular question in connection with any aspect of Parental Responsibility for the child and covers issues that the parents cannot agree on. An example of this is a child’s education, religious education, specific medical treatments, taking them to live abroad etc. The child’s welfare is always the court’s priority. The judge and a CAFCASS (Children and Families Court Advisory Support Service) representative will hear the orders.
Generally, an agreement between the parents is attempted to be reached. Still, the judge will decide for the parents when they cannot reach an agreement. A judge will only make this decision if they feel that a parent may continue with a course of action without the other parent’s consent and/or the parent is acting inappropriately, I.e. leaving the child with an unsuitable person for childcare, etc.
What is a prohibited steps order?
Prohibited Steps Order – This 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, including holidays. A child may only be taken on holiday if the court agrees and they are satisfied that you are likely to come back with the child/children. This does not just include taking the child abroad but also consists of the areas set by the UK court.
What is a child arrangements order?
Child Arrangements Order – This is where the court decides where a child shall live, whom the child can see and for how long they can see them. In most cases, both parties will have to attend a Mediation Information and Assessment Meeting (MIAM). This is to see whether they could resolve the child arrangements through mediation before they apply to the courts. 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. An application can be made either through a solicitor or as a ‘litigant in person’ whereby you represent yourself.
When completing the 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 etc. However, the history will be explored further in proceedings and does not need to be provided at this stage.
The C100 form asks about the risk of harm. You need to complete this so that the courts are aware of any potential concerns. You must also complete a separate C8 form if you do not wish your ex-partner to have your address. These concerns can also absolve 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 an order.
You can find more information at – https://www.gov.uk/looking-after-children-divorce.
How can I get a C100 Form?
You can obtain a C100 application form through a family mediator or solicitor, you can download it, or you can apply online here.
Ensure that a mediator has signed your C100 form before making an application to the court.
How can I get my C100 form signed by a family mediator?
To get your C100 form signed, you must attend a Mediation Information Assessment Meeting (MIAM). Since 2014, it is now a statutory obligation, in most instances, to attend a Mediation Information Assessment Meeting. Failure to attend this one-to-one meeting with the mediator will likely result in the family court sending you to a family mediation service.
To book your MIAM appointment, please click here.
To find out more about our family mediation process click here.
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