I AM L.I.P

I AM L.I.P

I am a Litigant In Person

Form C79

Form Used To Apply to the court
1) To enforce An Existing child Arrangements Order
2) To Amend, Extend or set aside an existing Enforcement order
3) For Compensation Of Financial Loss If An Existing Child Arrangements Order Is Not Being Complied With.

 

WHAT IS FORM C79 USED FOR?

Form C79 is used to apply to the family court for a court order to – 

  • enforce an existing child arrangements order.
  • Amend, extend or set aside an existing enforcement order.  
  • For compensation for financial loss if an existing child arrangements order is not/has not been complied with.

ARE THERE ANY GOVERNMENT OR OUR OWN HELP GUIDES OR WRITE UPS TO HELP YOU COMPLETE FORM C79?

There are no specific government guides at present for this form. However, you can read the government guide CB5 – ‘applications related to enforcement of a child arrangements order’ – to help you complete form C79.

LINK TO GOVERNMENT GUIDE CB5

WHAT IS THE FEE TO SEND FORM C79 TO THE COURT AND HOW TO PAY FOR IT?

The fee for the enforcement of an existing child arrangements order is £232.00. 

The fee if you are applying for the court to take action if your ex-partner is in breach of an existing enforcement order is £102.00.

The fee if you are applying to amend, extend or revoke an existing enforcement order is £102.00

Please click on the link to government guide EX50 page 15 for family court fees.

LINK TO GOVERNMENT GUIDE EX50 FOR FAMILY COURT FEES

  • Please attach a cheque or postal order made payable to HM Courts & Tribunal Service.
  • If you are on certain benefits or on a low income, you can apply to the court to have your fees paid for you. The form you need is called form EX160. You can complete and submit the form online or download a hardcopy from the government website. You will need to attach proof of your benefits, your income, and/or 3 months bank statements. The government website also has the EX160A guidance notes which you can download and read to help you complete form EX160. You can send the completed form EX160 with all attachments along with your completed form C79 for the court to consider. Or you could have sent your completed form EX160 to the court in advance and received a ‘help with fees’ reference number starting with HWF to put on the top right hand corner of the front page of the form you are asking help with, in this case, form C79.

LINK TO OUR L.I.P HELP GUIDE FOR FORM EX160 (Here, you can access both form EX160 & EX160A guidance notes) 

HOW TO COMPLETE FORM C79 AND WHERE TO SEND IT.

  • NOTE 1 – If you are completing and sending this form in then you are known as the applicant or petitioner. Your ex-partner is known as the respondent.
  • NOTE 2 – You can complete this form online and then print a hard copy. Alternatively you can download it, print it and then complete by black pen. 
  • NOTE  3- If you find there is not enough space to complete your answers on your form then please use additional sheets of paper to continue on and attach them to your form. Please write your name, address and question number on the top of your additional sheets of paper. 
  • NOTE 4 – Please send at least 3-4 copies of form C79, any evidence and attachments and any other forms to the court. The court will distribute the copies accordingly. One copy is required for the court, one for Cafcass and one for each party in the proceedings.
  • NOTE 5 – Please keep a copy of your form C79, all evidence and attachments, sheets and forms for yourself outside of the ones you send to the family court.
  • Form C79 is 13 pages long.
  • Part 1 of form C79 will ask you details about the current child arrangements order – who the child(ren) should have contact with and spend time with and when. If you can please attach a copy of this child arrangements order to your form C79.
  • Part 2 will ask you to tick the box of the enforcement order you are applying for –
    • An enforcement order – where the original child arrangements order is not being complied with.
    • An order for compensation for financial loss – You are making an application to be compensated if you have lost money because the child arrangements order is not being complied with.
    • To revoke/cancel an existing enforcement order.
  • Part 3 will ask for your personal details. If you want to keep yours and your children’s contact details confidential from your ex-partner, then please do not put these details in section 3 of form C79. You must complete form C8 and send it with your form C79. You must make sure that all forms, evidence, or reports you send to the court from now on must not contain your contact details. The court staff will not do this for you. Once you have completed form C8, the court and Cafcass will not release your contact details to anyone without a court order. 

LINK TO OUR L.I.P HELP GUIDE FOR FORM C8

  • Part 3 will also ask details of your solicitor if you have one acting for you and details of any other applicant besides yourself.
  • Part 4 will ask you to give personal details of the child(ren) this application relates to. If you need more space to write down the details of additional children please use an additional sheet and attach it to your from C79. Please put your full name, date of birth, and the question/section number you are answering on the additional sheet.
  • Part 5 will ask you about the personal details of the respondent(s) in these proceedings, their relationship to the child(ren) this application relates to and whether they have a solicitor acting for them. If you need to continue on an extra sheet of paper please do so and attach it to your form C79. Please put your full name, date of birth, and question number on the extra sheet. 
  • Part 6 will ask you for the details of any other persons who think should be noted about your application such as a carer.
  • Part 7 will ask you why are you asking for the order you ticked in part 2. You will be asked to give details. If you need more space to write details about the questions you are being asked in part 7, then please use a separate sheet of paper and attach it to form C79. Please write down your name, date of birth and question number you are answering on each separate sheet.
  • Part 8 will ask you about any current court cases with regards to the children detailed in part 4. If there are please attach copies of these court orders to your form C79. Please use a separate sheet to complete your answers if there is not enough space on your form C79.
  • Part 9 will ask you to sign a statement of truth.
  • Part 10 will ask you if you need an interpreter when you attend court proceedings. You will also be asked if you or any other party involved in these proceedings has a disability and therefore require special assistance or special facilities. You will then be asked if the court needs to make any special arrangements for you when you attend court such as a separate waiting room or a screen. 
  • As stated above please remember you must send a copy of the existing child arrangements court order you are trying to enforce with your form C79.
  • If you are making changes to an existing child arrangements order you must send a copy of the existing child arrangements order as well as a draft copy of the new child arrangements order you want the family court to consider.
  • Please send your completed application form, copies and all attachments to your local family court. Please click on the link below to find out the address of your local family court

LINK TO GOVERNMENT WEBSITE TO FIND YOUR LOCAL FAMILY COURT

WHERE CAN YOU FIND FORM C79/DOWNLOAD THIS FORM?

Please click on the link below to download form C79 from the government website. Please complete and send by post (signed for recorded delivery).

LINK TO GOVERNMENT WEBSITE FOR FORM C79

WHEN WAS FORM C79 FIRST PUBLISHED AND LAST UPDATED?

Form C79 was first published by the government (HM Courts & Tribunals Service) on 01-06-2016 and it was last updated on 20-09-2022