Do I need permission to apply?

Do I need permission to apply to court?

Some people have the automatic right to apply for an order (this does not mean the order will be granted), while some people must first get the permission of the court to make an application.

1. The Mother or Father

If you are the child´s mother or father, you may apply for the following without seeking the court´s permission:

Child Arrangements Order (including to vary or discharge an existing residence or contact order)
Specific Issue Order (including to vary or discharge an existing order)
Prohibited Steps Order (including to vary or discharge an existing order)
Financial Provision (including to vary or discharge an existing order)
Discharge of a parental responsibility order

If you are the mother (who automatically has parental responsibility for the child(ren), or the father (who has acquired parental responsibility) you may also apply for the following orders without seeking the court´s permission:

Discharge of the Appointment of a guardian
Discharge of a parental responsibility order or agreement

To find out whether or not you have parental responsibility, see our guide below:

Parental Responsibility

If you are the child´s father and you do not have parental responsibility for the child(ren) you may apply for the additional orders without seeking the court´s permission:

Appointment of yourself as a guardian if the child has no parent with parental responsibility
Parental Responsibility Order

2. Other Parent

If you are the child´s parent by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008 you do not require permission to apply for the following orders:

Child Arrangements Order (including to vary or discharge an existing residence, contact or child arrangements order)
Specific Issue Order (including to vary or discharge an existing order)
Prohibited Steps Order (including to vary or discharge an existing order)
Financial Provision (including to vary or discharge an existing order)

In addition, if you are the child´s parent by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008 and you have parental responsibility you may apply for the following orders without seeking the court´s permission:

Discharge of the Appointment of a guardian
Discharge of a parental responsibility order or agreement

To find out whether or not you have parental responsibility, see our guide below:

Parental Responsibility

If you are the child´s parent by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008 and you do not have parental responsibility you may apply for the following orders without seeking the court´s permission:

Appointment of yourself as a guardian if the child has no parent with parental responsibility
Parental Responsibility Order

3. Step-parent

A step-parent is not the child´s parent but is married to, or a civil partner of, a parent of the child who has parental responsibility for that child and you have treated the child as a child of the family.

If you are the child´s step‐parent you may apply for these orders without seeking the court´s permission:

A Child Arrangements Order

In addition, if you are the child´s step-parent and you have parental responsibility you may also apply for the following orders without seeking the court´s permission:

Specific Issue Order (including to vary or discharge an existing order)
Prohibited Steps Order (including to vary or discharge an existing order)
Discharge of a parental responsibility order, if it is your parental responsibility you wish to discharge
Discharge of a parental responsibility order of an unmarried father
Discharge of the appointment of a guardian

If you are the child´s step-parent and do not have parental responsibility you may apply for the following orders without seeking the court´s permission:

Appointment of yourself as a guardian, if the child has no parent with parental responsibility
Parental Responsibility Order

To find out whether or not you have parental responsibility, see our guide below:

Parental Responsibility

4. Grandparent

If you are the child´s grandparent you may apply for the following order without seeking the court´s permission:

Appointment of a guardian

If the child has been living with you for at least 3 years during the last 5 years, and within the last 3 months:

Child Arrangements Order(including to vary or discharge an existing residence, contact or child arrangements order)

Otherwise, you need to ask the court for permission to apply.

5. Guardian

If you have been appointed as the child´s guardian you may apply for the following orders without seeking the court´s permission:

Child Arrangements Order(including to vary or discharge an existing residence, contact or child arrangements order)
Specific Issue Order (including to vary or discharge an existing order)
Prohibited Steps Order (including to vary or discharge an existing order)
Financial Provision (including to vary or discharge an existing order)

6. People with a residence order

If you have a residence order that is in force or are named in a child arrangements order as a person with whom the children live, you may apply for the following orders without seeking the court´s permission:

Child Arrangements Order(including to vary or discharge an existing residence, contact or child arrangements order)
Specific Issue Order (including to vary or discharge an existing order)
Prohibited Steps Order (including to vary or discharge an existing order)
Financial Provision (including to vary or discharge an existing order)
Discharge of the appointment of a guardian
Discharge of a parental responsibility order

7. Other People

If you are not included in sections 1-6 above, you may also apply for the following orders without seeking the court´s permission if you have an interest in the child´s welfare and in the following circumstances:

Appointment of a guardian

If the child has been living with you for at least 3 years during the last 5 years, and within the last 3 months:

Child Arrangements Order(including to vary or discharge an existing residence, contact or child arrangements order)

If the local authority caring for the child has agreed that you may apply for an order:

Child Arrangements Order(including to vary or discharge an existing residence, contact or child arrangements order)

If you are married or in a Civil Partnership, or have been married or in a Civil Partnership and the child is or was regarded as a child of the family:

Child Arrangements Order(including to vary or discharge an existing residence, contact or child arrangements order)

If you have the consent of everyone who has parental responsibility for the child and there is no residence or child arrangements order in force and the child is not in the care of the local authority:

Child Arrangements Order(including to vary or discharge an existing residence, contact or child arrangements order)

If you have the consent of everyone who has a residence order for the child or are named in a child arrangements order as a person with whom the child lives:

Child Arrangements Order(including to vary or discharge an existing residence, contact or child arrangements order)

8. A party in whose favour a child arrangements order has been made

If a person named in a child arrangements order or an older style contact order was granted in your favour, you can apply for enforcement of that order without seeking the court´s permission.

Also see our guide on Child Arrangements, Contact Enforcement and Warning Notices:

Contact Enforcement and Warning Notices

9. The child

If you are the child and the order you wish to apply for is about you (for example, your contact with a parent), you must get the permission of the court before you apply for the following orders:

Child Arrangements Order (including to vary or discharge an existing residence, contact or child arrangements order)
Specific Issue Order (including to vary or discharge an existing order)
Prohibited Steps Order (including to vary or discharge an existing order)
Discharge of the appointment of a guardian
Discharge of a parental responsibility order or agreement

Restrictions made under Section 91.14 Orders

If the court has previously made a section 91.14 order against you, you may require permission to apply. You should check the restrictions made in the order, and any time limits which were given. Section 91.14 orders are made if the court decides that the family needs a break from litigation, or if one or both parties have previously been considered to make vexatious applications (ones which are intended to harass the other parties).

To read more about these types of order, click on the button below:

Section 91.14 Orders

Remember: If you do not have the automatic right to make an application you may still be able to apply, but you must first have the court´s permission.

Permission for other types of application, such as ones for a:

Seek and Find Order, Recovery Order, Occupation Order or Non Molestation Order will depend on the circumstances.

How do I seek permission to apply for an order?

You need to complete the C2 Court Form, and this should accompany your application.

Click on the button below to download the C2 Form:

C2 Form

How do I file the C2 Form 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 C2. If you are applying for a child arrangements, specific issue or prohibited steps order, you should also complete a Form C100. See our separate C100 Checklist and Guide for help with the C100 Form. Follow that guide, and also include three copies of the completed C2 Form, alongside your C100 application:

C2 Form C100 Checklist and Guide