By Leah Caldwell | Family & Children | November 2024
A step-by-step guide to completing a C100 form
Understanding how to fill in a C100 form is crucial for those seeking to resolve disputes over child arrangements including who a child/ren lives with, the time they spend with each parent and what happens during holidays and on special occasions. In this blog, we will explain what a C100 form is, what to do before making an application, and how to fill in an application.
What is a C100 form?
A C100 form is used when you need to apply for a specific issue order, a prohibited steps order, or a child arrangement order. All of these orders relate to the arrangements for a child, or if there are parental disputes over an element of a child's upbringing.
What is a specific issue order?
A specific issue order is a court order which can be applied for by a parent or guardian to resolve a specific question regarding the child. They are most commonly used when parents can’t agree, and they need a judge to decide on their behalf.
Most parents can agree on what happens to their children when they separate, but there may still be occasions where there may be disagreements. For example:
- 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
- Relocation with a child
Parents or anyone who has parental responsibility for the child can apply for a specific issue order. Other people can still apply, but will need the court’s permission.
What is a prohibited steps order?
A prohibited steps order prevents a parent from doing 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 or take them on holiday. With a prohibited steps order, 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 includes any area/radius set by the court in England and Wales.
As with the specific issues order, parents, or anyone who has parental responsibility, can apply for a prohibited steps order. Other people can still apply, but will need the court’s permission.
What is a child arrangements order?
A child arrangements order is a decision made by the court to determine issues such as where a child will live when they will spend time with each parent, and other details regarding their upbringing.
How to apply for a C100 form
Before making a C100 form application, you will usually be required to attend a MIAM (Mediation Information and Assessment Meeting). In certain circumstances, you may be exempted from the requirement to attend a MIAM. A MIAM is a meeting that takes place with a specialist family mediator, who discusses your situation with you and helps you to understand whether it can be resolved without the involvement of the court. You will receive an MIAM certificate to allow you to continue with the application if mediation is not appropriate.
Once the C100 form is completed and sent to the court, a court timetable will be set in motion and the case will be listed for an initial hearing known as a First Hearing Dispute Resolution Appointment (FHDRA). If the dispute can’t be resolved at the FHDRA, the proceedings will progress and be listed for a second hearing, known as a Dispute Resolution Appointment. If a resolution cannot be found at the second hearing, the case progresses to a final hearing. This is where the judge will decide on the arrangements for the child after hearing all the evidence, and a final order will be made recording the decision. It is likely that a Cafcass Officer will be involved throughout proceedings and will report to the court with their recommendations. Throughout court proceedings, parties will be encouraged to try to settle matters and may be encouraged to consider non-court dispute resolution options, including family mediation.
How long does a C100 form take to complete?
The application is 28 pages long and can be time-consuming.
Contact our family mediation team
At Mediation First, our expert family mediators can help you avoid lengthy and costly court proceedings and can provide legal information.
For tailored guidance and to explore mediation options,contact us today.
Tel: 0330 320 7600
Email:
office@mediationfirst.co.uk.
Leah Caldwell
Director at Mediation First
After training as a barrister in 2007, Leah went on to work in the insolvency industry for 8 years; her experience within this sector means that Leah is particularly well-equipped to deal with complex, financial disputes...