The C100 Form is the most common form used to apply for family court orders. Filling out the form can seem complex, but it is relatively simple and straightforward once you understand what you need to include. You should use a C100 form if you wish to apply for a Contact Order, Residence Order and Prohibited Steps Order or if you need a Specific Issue Order.
A copy of your application will be sent to CAFCASS (covered in this blog) before proceedings begin, so CAFCASS can conduct their initial safeguarding checks. Ensure no part of your form is left incomplete, as this will cause unnecessary delays to your application. If the form asks you for information you do not have, simply write ‘Not Available’ on the form.
Before you fill out the form, you will need to check if permission is required for you to apply. Generally, if you are not the mother/father of the child with parental rights or if you are not the legal guardian, you may need to attain the court’s permission to apply. Contact Simon Walland directly for further advice on this matter.
Filling out the form:
On the first page, you will need the full name(s) of the children involved in the proceedings along with their date of birth, their gender and both the applicants and the respondents relationship to the child(ren).
The next part of the form is all about you, your name, gender, date of birth and so on. If there is any information you do not wish to supply, (such as address or phone number) then you will need to fill out an accompanying C8 form. You will also need to fill out the respondent’s details, so this part of the form will be easier if you have all of their information. You must provide the name of your solicitor and contact details. If you have decided against using a solicitor, speak to Simon Walland for advice and support about filling out this section of the form.
When filling out the form, be sure you are extremely clear about the reasons for doing so. You will need to explain who the child is living with currently and the nature of their relationship or involvement with the person(s) they are living with. The nature of your application and the reasons for it must be explained clearly and concisely – a short paragraph is all that it needed as you will be able to explain in further detail at the time of the hearing. If your reason for filling this form is because the child(ren) have suffered harm, or if you believe they are at risk of suffering domestic violence, then you should also complete Form C1A.
Filing the form:
In order to file these forms with the court, your solicitor or Simon Walland can do this for you. The court will also be expecting a FM1 Mediation From to accompany your C100 as it is anticipated that you and your ex-partner will have attempted mediation before applying for a court order. It will assist your case if you also have a position statement ready to explain what you are applying for in your C100 and why. Both mediation procedures and position statements have been explained in previous posts in this blog. If you need any further help or advice, or if you’d like someone who is legally qualified to take you through these documents, then contact Simon Walland today for further information and support.