I AM L.I.P

I AM L.I.P

I am a Litigant In Person

Form C100

Apply for a court order to make arrangements for a child or resolve a dispute about their upbringing

 

WHAT IS FORM C100 USED FOR?

Form C100 is used to make the initial application to the family court to start court proceedings for child arrangements. Child arrangement orders are court orders that detail arrangements that have been made with regards to where a child shall live, with whom they shall live, contact with parents, guardians and family and how they will be brought up. 

Form C100 is used to apply for – 

Live With Court Order (Also called a residence order and shared care order)

A live with order is a court order that states with whom a child shall primarily reside with. A live with order is a section 8 order and was called a residence order before 22-04-2014. 

Form C100 can also be used to vary or discharge a live with order.

In most cases a ‘live with’ order will also state details about the child’s contact with the secondary/non resident parent and relatives. Contact arrangements can also be written into a separate order called a contact order, but most of the time a live with and contact order are combined on the same order. 

Contact order (often combined with a live with order)

A contact order is an order which states how much contact a child can have with the secondary/non resident parent and relatives. This order will detail –

  • How frequent the contact is.
  • Where they take place.
  •  What kind of contact it will be – phone, letter, email, text, social media or in person. 

Please note the term direct contact means face to face contact (visits and over night stay). Indirect contact refers to email, phone . text or social media contact. 

A contact order is a section 8 order.

Prohibited Steps Court Order

An order made by the court where the order stops you or your ex-partner from doing a particular act, such as, taking the child abroad. This is a section 8 order.

Form C100 can also be used to vary or discharge a prohibited steps order.

Specific Issue Court Order

This order is made by a court where an agreement is not being reached between you and your ex-partner regarding a particular issue, such as, schooling, surname, medical treatment, going abroad, and stopping contact. This is a section 8 order.

Form C100 can also be used to vary or discharge a specific issue order.

Formalise/Approve an agreement

You can also use form C100 to apply to the court to formalise/approve a draft consent order for child arrangements. If you and your ex-partner have agreed child arrangements between yourselves or through mediation, the details of your agreement will be written down on a piece of paper called a draft consent order. This draft consent order will be sent to the court with your form C100 for the court to formalise into a legally binding consent order.

LINK TO OUR L.I.P HELP GUID FOR ‘YOUR DRAFT CONSENT AGREEMENT EXPLAINED (ALSO REFERRED TO AS A DRAFT CONSENT ORDER OR AN INFORMAL AGREEMENT)

ARE THERE ANY GOVERNMENT OR OUR OWN L.I.P HELP GUIDES OR WRITE UPS TO HELP YOU COMPLETE FORM C100?

  • Pages 26-29 of form C100 have guidance notes how to complete form C100.
  • The government guide CB1 – making an application to the children and the family courts – and guide CB7 – guide for separated parents: children and the family courts – will help you complete form C100. 

LINK TO GOVERNMENT GUIDE CB1

LINK TO GOVERNMENT GUIDE CB7

  • You can also read our L.I.P Help Guide, ‘The Court Process Of Child Arrangements Including Making The Initial Child Arrangement Application And Responding To An Application’.

LINK TO OUR L.I.P HELP GUIDE ‘THE COURT PROCESS OF CHILD ARRANGEMENTS INCLUDING MAKING THE INITIAL CHILD ARRANGEMENT APPLICATION AND RESPONDING TO AN APPLICATION’

WHAT IS THE FEE TO SEND FORM C100 TO THE COURT AND HOW TO PAY FOR IT?

The fee to send form C100 to the court is £232.00.

IF YOU ARE POSTING A PAPER COPY OF YOUR FORM C100 THEN – 

  • Please attach a cheque or postal order for £232.00 made payable to HM Courts & Tribunal Service.
  • If you want to pay by credit or debit card, please tick the box on page 20 of your form C100 and the court will contact you to take payment.
  • If you are on certain benefits or on a low income, you can apply to the court to have your £232.00 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 C100 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 C100.

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

IF YOU ARE SUBMITTING YOUR FORM C100 ONLINE THEN – 

When you have completed your form C100 online and are ready to submit it you will be asked how you would like to pay. You will be given 2 options –  

  • Option 1 – You can pay online by debit or credit card. Payment will be taken once you have checked your answers and submitted your form.
  • Option 2 – You will be asked if you have a ‘help with fees’ reference number starting with HWF. If you do you will be asked to type it into the box. To pay in this way you must apply for a ‘help with fees’ reference number first. You can do this by using form EX160. As explained above you can apply online or by post. Please click on the link above for form EX160.

HOW TO COMPLETE FORM C100 AND WHERE TO SEND IT

SENDING IN YOUR FORM C100 BY POST – 

  • NOTE 1 – If you are completing and sending form C100 to the court then you are known as the applicant or petitioner. Your ex-partner is known as the respondent.
  • NOTE 2 – You can complete form C100 online and then print a hard copy. Alternatively you can download it, print it and then complete it by black pen. 
  • NOTE  3- If you find there is not enough space to complete your answers on your form C100 then please use additional sheets of paper to continue 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 C100 and any attachments to the court. The court will distribute the copies accordingly. One copy is required for the court and one for each party in the proceedings.
  • NOTE 5 – Please keep a copy of your form C100 and any attachments for yourself outside of the ones you send to the family court.
  • Form C100 is 31 pages long. 
  • The first page of form C100 will give you information about mediation. You will be informed that it is now the law that all divorcing couples have to attend mediation (in person or online) to resolve child arrangements first before applying to the courts to resolve these matters. You will also be informed that there are circumstances where you will be exempt from mediation but you will need to provide evidence for this. You will be asked to sign the page at the bottom. 
  • On the next page you will be asked to read a statement about mediation and you understand that you and your ex-spouse must have either attended mediation or are exempt from it for the court to process your form C100.
  • On the next page – the front page of the form –  
    • You will be asked to write down yours and your ex-partners full name. 
    • Underneath on the left hand side you will be asked about the nature of your application and what kind of court order are you looking for such as a child arrangements order. You must tick the relevant box and give details. 
    • On the right hand side you will be asked if the children have experienced or are at risk of experiencing domestic violence or are at risk of harm. Please tick the relevant box. If you are claiming that you and your children have suffered domestic violence and abuse, you must complete form C1A and send it along with your form C100. 

LINK TO OUR L.I.P HELP GUIDE FOR FORM C1A

    • At the bottom of page one you will be asked 6 questions under the heading ‘Additional Information Required’. Please tick the relevant ‘YES’ or ‘NO’ box. Please read the government leaflets CB1 and CB7 for guidance. The 6 questions are
        • Are you asking for permission to make this application where that is required.
        • Is an urgent hearing hearing or without notice hearing required.
        • Are there any previous or ongoing proceedings for the children.
        • Are you applying for an order to formalise an agreement (consent order).
        • Is this case with an international element or factor affecting litigation capacity.
        • Will the child or any of the people involved need to use spoken or written Welsh during the course of the proceedings.
  • Part 1 will ask for your children’s details from oldest to youngest. Parts 1a, 1b, 1c, 1d will ask for further information. Please complete accordingly.
  • Part 1d will ask for the address where the children live. If you want to keep yours and your children’s contact details confidential from your ex-partner, please do not write down yours or your children’s contact details in part 1d and part 11 of your form C100. Please complete form C8 and send it with your form C100. You must make sure that all forms, evidence, or reports you send to the court 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 2 of this form is about mediation. As stated previously by law, all divorcing couples have to attend mediation (in person or online) to resolve child arrangements first before applying to the courts to resolve these matters.
      • You are exempt if you are a victim of domestic violence. You will need to complete the front page of form C100 and the relevant boxes in section 2 & 3. You may be asked to bring evidence of domestic violence such as a police report to the first court hearing for the judge/magistrate to view. If you and your ex-partner have tried mediation and it has been unsuccessful then your mediator will need to complete section 4 of your form C100.
      • You are also exempt if you are applying for a court order where mediation attendance is not required. An example of this is when you are asking the court to formalise/approve a draft consent order for child arrangements agreed by both you and your ex-partner. You can either attach the agreed draft consent order to form C100 or send it to the court immediately after submitting form C100.

LINK TO OUR L.I.P HELP GUIDE FOR MEDIATION

LINK TO OUR L.I.P HELP GUIDE ‘YOUR DRAFT CONSENT AGREEMENT EXPLAINED (ALSO REFERRED TO AS A DRAFT CONSENT ORDER OR AN INFORMAL AGREEMENT) 

  • Part 5 will ask you if you need permission to make this application. This only applies in certain circumstances such as a grandparent submitting this application. You must give your reasons and further details if this is the case in part 5a. Part  5b you will be asked about previous agreements and parenting plans, reasons why you are bringing this application to the court and about the respondents reasons for their actions with regards to this application. Part 5c will ask you if you have previously prepared a parenting plan and ask you to attach it to your form C100. Otherwise you can download one from the Cafcass website.

If you are a grandparent/relative applying for contact with a grandchild/child or a live with order then you will need to ask for permission form the court to make a form C100 application for contact or live with order. You can do this by completing form C2 and send it alongside your form C100.

LINK TO OUR L.I.P HELP GUIDE FOR FORM C2

  • Part 6 will ask if your hearing is urgent, details of the court order being sought, reasons for the urgency, within what time should your application be considered and what efforts have you made to give notice to the respondent. You will also be asked if you would like a ‘without notice’ hearing. This is when an order is urgently needed without informing the respondent/your ex-partner because of immediate harm. You MUST give your reasons in the box provided and answer the other questions in part 6b.
  • Part 7 will ask you about other previous and present court cases concerning the children
  • Part 8 will ask if your case has an international element. If this is the case you must answer the relevant questions.
  • Part 9 will ask you if there are any factors affecting your ability to participate in court proceedings/difficulties you are facing with this court case. If this is the case please answer the questions.
  • Part 10 will ask you whether you, your children or any party involved in the proceedings need to use Welsh or require written documentation in Welsh, need an interpreter when you attending court or if an intermediary is required. You will then be asked is you or any party involved in the proceedings has a disability and what special assistance or facilities will be required. Finally you will be asked whether the court needs to make any special arrangements for you or the children such as a separate waiting room or a screen. 
  • On page 19 is a statement you will be required to read. It is two paragraphs long. The paragraphs are about the questioning of a victim of domestic violence or a witness by the alleged perpetrator or the questioning of an alleged perpetrator by the victim. If your case involves domestic violence and your court hearing is one where you or your ex-partner will give oral evidence then the court may send forms EX740 (the party making the abuse allegation) and EX741 (the party accused of abuse) to you and/or your ex-partner along with the court order informing you of the date of the oral hearing. You and/or your ex-partner will need to complete forms EX740 and EX741 and return them to the court. Once the court has one or both of these forms then the court can consider whether to prevent the questioning or cross-examination in person of either party by each other. You can also make this application to the court by yourself if you DO NOT wish to be cross-examined by the perpetrator or the accuser.

LINK TO OUR L.I.P HELP GUIDE FOR FORM EX740

LINK TO OUR L.I.P HELP GUIDE FOR FORM EX741

  • Part 11 will ask for your personal details. If you want to keep your contact details confidential from your ex-partner, please do not write down yours or your children’s contact details in part 1d and part 11 of your form C100. Please complete form C8 and send it with your form C100. You must make sure that all forms, evidence, or reports you send to the court 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 12 will ask you to write down the details of the respondent.
  • Part 13 will ask you to write down the details of others who should be sent a copy of your form C100 – given notice of this application such as a carer.
  • Part 14 will ask for your solicitor details if you have one acting for you.
  • Part 16 will ask you to sign a statement of truth.
  • At the bottom page of part 16 (p25) you will be asked whether you are paying the fee to submit form C100 by debit or credit card. Please tick either the ‘yes’ or ‘no’ box. If you have ticked the ‘yes’ box then the court will contact you within 3 days by telephone for payment.
  • As stated above if you are posting your form C100 you need to send 3 copies to your local court who deals with child arrangements. Please click on the link below to find your local court. 

LINK TO GOVERNMENT WEBSITE TO FIND YOUR LOCAL COURT

IF YOU ARE SUBMITTING YOUR FORM C100 ONLINE – 

Please note that the screen/page you will be directed to during this C100 application will depend upon your answers. Below, We are summarising what you will be asked but it may not be in the exact order we have set out because of your answers. 

  • If you apply online, you have 28 days to complete and submit your form. You can save your application as you go along. 
  • On the first screen, you will be asked where the children live and you must put in the post code.
  • On the second screen, you will be asked what type of application you would like to make. They are –
      • A child arrangements order, prohibited steps order, specific issue order, change or end an existing child arrangements order (including who the children live with and where), stopping someone doing something or resolving a specific matter. If you are applying for any of these, you will be asked if the children are involved or have been involved in any emergency protection, care, or supervision proceedings. If they have, you do not need to attend mediation. If they have not, then you either need to attend mediation, are exempt from attending one, or have attended one and have a signed form from a mediator that the mediation did not work. You must give details of your mediator and details why you are exempt from mediation.
      • A child arrangements order by consent. If you tick this box, you and your ex-partner must have come to an agreement by yourselves or through mediation and agreed a draft consent order signed by both of you. You must forward this draft consent order to the court immediately after you have submitted this application. The court will formalise this draft consent order and make it legally binding. If you are applying for a child arrangements order by consent then the next screen will inform you that you do not need to attend mediation.

LINK TO OUR L.I.P HELP GUIDE TO CHILD ARRANGEMENT TERMS AND COURT ORDERS EXPLAINED.

LINK TO OUR L.I.P HELP GUIDE TO MEDIATION

  • The next screen will ask you if the children are involved or have been involved in any emergency protection, care or supervision proceedings.
    • If you answer YES the next screen will inform you that you do not have to attend mediation and can sort out your child arrangements through the courts. 
    • If you answer NO then the next screen will remind you that it is now the law that you and your ex-partner have to attend mediation to resolve child arrangements before applying to the court. You do not have to attend mediation is you are exempt for example you have suffered domestic violence. You will need to have evidence of this and state what the evidence is. You will be taken through a series of screen and asked questions. If you have already attended mediation and it has failed then you can go through the courts. Your mediator will have given you form FM1 and signed part 4 to say you are either exempt or mediation has failed. The next few screen will take you through this.
  • The form will then discuss safety concerns with you and Cafcass.
  • You will now be asked if the children are at risk of being abducted. If your answer is yes, you will be asked further questions regarding whether the police are aware and about the children’s passports.
  • You will now be asked if the children are in contact with anyone who has a drug, alcohol, or substance problem. If the answer is yes, you will need to give details.
  • Now you will be asked if the children have suffered or are at risk of suffering from domestic violence. If the answer is yes, you will be asked further details.
  • You will be asked if you have or are at risk of suffering from domestic violence. If the answer is yes, you will be asked to provide further details.
  • You will be asked if there are any other safety concerns you have regarding the children. If the answer is yes, then you will be asked further questions.
  •  You will be asked if you will allow the children to have contact with the other people in this application while you wait for a court date. Depending upon your answers you will be taken to the relevant screen and asked a series of questions.
  • The direction the screen will take you through will depend upon what you are applying for. You will now be asked what you are asking the court to do. If you have ticked ‘no’ to all the safety concerns questions, the screen will then ask you whether you want to formalise/approve a child arrangements agreement. If you do, then you must send it in. If you want to go to court and sort out child arrangements, then the next screen will inform you of what happens in court and advise you to try and sort it out outside the court. The application will take you through many screens trying to get you to do this.
  • The next screen will ask details of your children and depending upon previous answers whether they are known to social services or are subject to a child protection plan. You will be asked if there is a special guardianship order in force and who has parental responsibility for the children.
  • You will now be asked for your name.
  • You will now be asked whether you would like to keep yours and your children’s contact details confidential from your ex-partner. If you tick the ‘yes’ box, the court and Cafcass will not give your contact details to anyone without a court order. If this is the case, you must make sure from now on that all paperwork from medical notes, forms, statements, and reports must not have your contact details on them. The court staff will not do this for you. You will be asked which contact details you would like to keep private. 
  • You will be asked more personal details, such as has your name changed, date of birth, gender, address, other contact details, and your relationship to the child/children. The screen will also ask if the court can leave a voicemail.
  • You will be asked if you will be legally represented.
  • You will now be asked for your ex-partner’s personal details, such as, name, have they changed their name, gender, date of birth, place of birth, other contact details, and relationship to the child/children. 
  • You will be asked if anyone else should be informed of this application.
  • You will now be asked who your child/children live with, if there have been any previous proceedings, or if you need an ‘urgent hearing’ or a ‘without notice hearing’. These hearings may require you to attend court on the day or within days of submitting your application.
  • You will be asked if there is an international element in your application. You may be taken through a few screen asking you questions about this.
  • You will now be asked why you are making this application and whether there are any factors affecting you or your ex-partner in the court proceedings, such as, mental health or disability. You will be asked a series of questions about help you may need (an interpreter). You will be asked if you would like an intermediary to help any party involved in these proceedings in court.
  • You will be asked if will need any safety arrangements when attending court such as a separate waiting room or screen. You will be asked any party involved in these proceedings need any special assistance or special facilities. Again the order you will be asked these questions will depend upon your previous answers.
  • You will now be asked HOW you would like to submit your form – by email or by post.
  • You will then be asked about payment –
    • You can pay online by credit or debit card. If you pick this then you will be asked to check your answers, agree a statement of truth and then submit your application and pay. 
    • If you have a ‘help with fees’ reference number starting with HWF you must type this into the box. You will then be asked to check your answers, agree a statement of truth and submit your application

WHERE CAN YOU FIND FORM C100/DOWNLOAD THIS FORM?

Please click on the link below to access form C100 from the government website. This government site will give you the option of completing and submitting form C100 online or downloading a hardcopy for you to complete and send by post (recorded delivery).

LINK TO GOVERNMENT WEBSITE FOR FORM C100 

WHEN WAS FORM C100 FIRST PUBLISHED AND LAST UPDATED?

Form C100 was first published by the government (HM Courts & Tribunals Service) on 01-01-2018 and it was last updated on 29-04-2024.