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 important 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.
As mentioned above, the 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?
Specific Issue Order – This is an order that pertains to a specific question in connection with any aspect of Parental Responsibility for the child and covers issues that the parents are unable to agree upon. These can include things such as a child’s place of education, religious education, certain medical treatments, taking them to live abroad etc. The child’s welfare is always made the priority and the orders are heard before a judge and a CAFCASS representative. Generally, an agreement between the parents is attempted to be reached but where this cannot be done then the judge will make the decision for the parents. This only happens when a judge feels that a parent may continue with a course of action without the consent of the other and/or the parent is acting in an inappropriate way 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 from making certain trips, without the permission of the other parent. 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 not likely to not come back with the child. This does not just include taking the child abroad but also includes out of the area set by the court in the UK.
What is a child arrangements order?
Child Arrangements Order – This is where the court decides where a child shall live, who the child can see and for how long they can see them. 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 and 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 that you are seeking is very useful e.g. what kind of contact you are seeking etc. but too much information about the history of everything is not at this stage, as this will be explored further along in the proceedings.
The form also asks about risk of harm and this needs to be completed so that the courts are aware of any potential concerns. A separate C8 form also needs to be filled in if you do not wish for 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 making an application for an order.
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 also be obtained either through your solicitor or mediator or can be downloaded or an application made online at: – https://www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge, Ensure that your C100 form is signed by a mediator before making an application to the court.
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