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Completing the C100 Form

Much of the form is self explanatory, but in this page we´ve provided information which will assist you including links to other forms and documents mentioned in the C100 Form which you may need to complete or read.

Make sure you complete each section of the C100 Form, or write N/A if that section is not applicable. Not completing the form fully may result in delays and your needing to resubmit the form.

If you have dyslexia, we strongly recommend you download our free Dyslexia and the Court pack:

Dyslexia and Court

Click on the button below to download the C100 Form:

Download C100

Page 1

On page 1 of the C100 form, you're asked to have read the following Court Guidance (click the buttons to download which will save you picking them up from your local court!):

Download CB1 Applications

Download C7 Guide for Separated Parents

Section: Nature of Application

The C100 form is used to apply for three types of court order. The following buttons take you to detailed information on each:

Child Arrangements Orders

Prohibited Steps Orders

Specific Issue Orders

Section: Concerns About Risk of Harm

If you have concerns regarding risks of harm for your children, or risks to yourself from the other party to proceedings, you should also complete form C1A which you can download via the button below:

Download C1a

A copy of this form must be included with each copy of the C100 form.

Page 4

2. Requirement to attend a Mediation, Information and Assessment Meeting (MIAM)

Make sure you've read our guide on Mediation:

Mediation

Page 5

Have you applied to the court for permission to make this application?

To check whether you need permission to apply to the court, read our guide linked below:

Do I need permission to apply?

3. Why are you making this application?

Give brief reasons for your application. You will have the chance to go into more detail at court. Examples include:

3c. Have you previously prepared a Parenting Plan?

In this section you´re asked whether you have completed a parenting plan, and asked to download one from CAFCASS´s website. You can download one by clicking the button below:

Parenting Plan

Page 6

4. Urgent and without notice hearings

See our guide on Emergency (Abridged Notice) Hearings:

Emergency Hearings

The term ´without notice´ means you are making the application without having informed the other party (normally the other parent). Reasons might include your belief that your child is at risk of imminent removal abroad and to give them advance warning of your application may ´tip them off´ and make the removal more likely. In these circumstances, you would be applying for a Prohibited Steps Order.

Pages 9 and 10

6. Cases with an international element

There may be an international element to your case which may affect whether the courts of England and Wales have jurisdiction, or whether the matter needs to be heard in the High Court due to complexity. Circumstances might include:

In the event your child has been unlawfully removed to or retained in a foreign country, you may have contacted the Government's International Child Abduction and Contact Unit (also known as the ICACU and this is the Central Authority in England and Wales) to assist in your child´s recovery (hence this section of the form also asks if you have already involved the Central Authority. Our ICACU or a Central Authority in another country would become involved in assisting in the recovery of your child where the child has been removed to, or retained in a country which is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction or a European Country which is party to the Brussels II Revised Regulations (European law which covers such matters).

If a UK child has been abducted to a country which is not party to either of these international agreements, then the ICACU would not be involved and you should contact the Foreign and Commonwealth Office.

For more information on International Child Abduction, refer to our guide linked below:

International Child Abduction

7. Factors affecting ability to participate in proceedings

If you have a learning disability we strongly suggest you complete this section so the court is aware. You should also complete section 8c of the form on page 10.

For people with specific learning difficulties or dyslexia, you may find our guide Dyslexia and the Courts of assistance. We also provide a list of possible ´reasonable adjustments´ which you might ask the court to consider, and you can attach this to the court form.

Possible Reasonable Adjustments

Page 14

13. Applicant claims exemption(s) from attendance at a Mediation, Information and Assessment Meeting (MIAM)

See our guide to Mediation which lists all of the accepted mediation exemption criteria:

Mediation

Page 19

14. Mediator certifies that the prospective applicant is exempt from attendance at Mediation Information and Assessment Meeting (MIAM) or confirms MIAM attendance

Where no criteria are met for exemption from mediation, the mediator must complete this part of the C100 Form where mediation has been unsuccessful.

Page 22

The leaflet EX50 Civil and Family Court Fees can be downloaded by clicking the button below:

EX50 Civil and Family Court Fees

Filing the forms with the court

´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.

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 £215 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 £5.00.

Preparing a Position Statement


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Michael Robinson © 2014

Family law information for parents whose children are resident in England and Wales

Crown Copyright material is reproduced with the permission of the Controller of HMSO and the Queen's printer for Scotland.

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