This guide and checklist is for people applying to the family court who do not have a solicitor. The C100 Form is the most common form used to apply for orders in the family court. Completing it is relatively simple, and this guide and checklist will help you. The C100 Form should be used for applications for the following types of court order:
Confused by some of the terms in this guide? Click the button below:
Applicant: The person applying for a court order.
CAFCASS: The Children and Family Court Advisory and Support Service (for more information about CAFCASS and their role, see our guide on CAFCASS).
Filing: Delivering a copy of court forms or other documents to the Family Court.
Respondent: The other party involved in, and who will be replying to, your application to court. If you are a separating parent, this will most likely be the children´s other parent.
Position Statement: Position statements give a brief summary of matters for the court to consider and your ´position´ (what you want to happen).
Proceedings: Your legal case.
For information on the different types of court order which the C100 Form is used to apply for, use the buttons below
Click on the button below to download the C100 Form:
To prevent delays, you should ensure that the following information is included. A copy of your application will be provided to CAFCASS before proceedings start. The information contained in the form C100 enables CAFCASS to conduct enquiries prior to the first court hearing. Without it, they cannot conduct their initial safeguarding checks and enquiries.
Incomplete forms will cause delays to proceedings, meaning unnecessary adjournments. You must file at least three copies of form C100 along with the completed Mediation Form (FM1).
Click on the button below to download the Mediation Information and Assessment Form FM1.
(If information is not available please write ´Not Available´ on the form):
Note: if the applicant does not wish the address to be made known it should be included in an accompanying form C8.
Note: if the applicant does not wish the number to be made known it should be included in an accompanying form C8.
Click on the button below to download the C8 Form.
Click on the button below to download the C1A Form.
´Filing´ means delivering the forms to the court. If you are using a solicitor, they will do this for you. Otherwise, download and complete Form C100 as described above and print and sign three copies of the form along with a copy of the FM1 Mediation Form. Remember, the court will normally expect you to have attempted mediation before you apply for a court order. Our guide on mediation explains this procedd further.
If you have completed either the C8 Form or C1A Form, you should also complete, sign and print three copies of these as well.
Check how much the court fees are (currently £200 for orders related to the C100 Form), and either take a cheque, postal order or cash for that amount when you go to your local family court.
It will assist both you and the judge if you write a brief Position Statement. Try to keep the position statement to two to three pages, setting out briefly why you are applying for contact, and why you believe it to be in the children´s best interests. Be factual, and try to be objective in what you write, and the language you use.
A position statement is not essential, but it helps inform the judge, briefly and ideally succinctly, why you are applying for the order, and can assist you in court so you do not forget any points you wish to raise.
Before setting off for the court building, ensure you have with you:
Position statements give a brief summary of matters for the court to consider and your ´position´ (what you want to happen). We provide a guide on writing a position statement, and a template for a position statement via the button below. The download costs £2.50.
Source in part - HMCTS Leaflet CB1 - Otherwise Michael Robinson © 2012
Family law information for parents whose children are resident in England and Wales
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