We provide guidance on what a C100 form entails and when you may need one.
What is a C100 form?
A C100 form is used where a party is applying for a Specific Issue Order, a Prohibited Steps Order, or a Child Arrangements Order. These orders relate to the arrangements for a child or parental disputes over an element of a child's upbringing.
A Child Arrangements Order decides who a child is to live with, spend time with or otherwise have contact with.
A Specific Issue Order determines a specific issue in relation to a child's upbringing where there has been disagreement, for example, where they should attend school.
A Prohibited Steps Order is used to prevent a party exercising their parental responsibility where it is not in the best interests of the child.
What is a MIAM?
Before making this type of application, you will be required to attend a MIAM (Mediation Information and Assessment Meeting) with a family mediator, unless you are exempt. This is a short meeting to determine if the matter could instead be resolved through mediation. On attending this meeting you will receive a MIAM certificate to allow you to continue with the application if mediation is not appropriate.
I have allegations or concerns about a risk of harm — what should I do?
If you have concerns about harm, or the risk of harm, you will need to complete an additional form, a C1A form, and submit this with the C100 form.
What happens after a C100 form is filed?
Once a C100 form is completed and filed it triggers the child arrangement proceedings. A court timetable will be set in motion with a number of hearings taking place. If allegations have been made, e.g. domestic abuse allegations, and there are factual disputes that are relevant to the decision to be made about the children, a fact-finding hearing will take place as part of the proceedings to determine the factual background of the matter.
If the dispute cannot be resolved, the proceedings will progress to a final hearing where the judge will come to a decision on the arrangements for the child after hearing all the evidence, and a final order will be made recording the decision.
Who needs to fill in a C100 form?
You can complete the C100 form yourself or this can be done for you by your solicitor if you have one. The form does not need to be completed by a solicitor but you may find it helpful for them to assist with the completion of the form. Obtaining independent legal advice prior to completion of the form is advised as these matters can often be complex.
How much does a C100 form cost?
The fee for a C100 application is currently £232. However, if you receive benefits or are on a low income you may be eligible for help with paying the court fees.
How long does a C100 form take to complete?
The application is 28 pages long and can be time-consuming to complete. However, this will vary from person to person. You may wish to seek the assistance of a solicitor if you are struggling to complete the C100 form.
What is the difference between a C1 and C100 form?
You cannot use a C1 form to apply for a Child Arrangements Order, a Specific Issue Order or a Prohibited Steps Order. This can only be done by way of a C100 form. The C1 form is used for different applications under the Children Act 1989, such as an application for a Parental Responsibility Order.
What happens after that?
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.