I AM L.I.P

I AM L.I.P

I am a Litigant In Person

Form C78

Application for attachment of a warning notice to a child arrangements order

 

WHAT IS FORM C78 USED FOR?

Form C78 is used to ask the court to attach a warning notice to a child arrangements court order. A warning notice will state that if someone does not comply with the child arrangements order, the court may fine them, imprison them for contempt of court, make an enforcement order, or an order for financial compensation.

ARE THERE ANY GOVERNMENT OR OUR OWN HELP GUIDES OR WRITE UPS TO HELP YOU COMPLETE FORM C78?

No, there are no specific government guides for this form at present. However the government guide CB5 discusses form C78 on the latter half of page 2.

LINK TO GOVERNMENT GUIDE CB5

WHAT IS THE FEE TO SEND FORM C78 TO THE COURT AND HOW TO PAY FOR IT?

To attach a warning notice to a child arrangements order will cost £50.00.

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 C78 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 C78.

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 C78 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 C78, 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 C78, all evidence and attachments, sheets and forms for yourself outside of the ones you send to the family court.
  • Form C78 is 10 pages long.
  • If someone has not been given a copy of the court order with the warning notice attached or informed of the terms of the warning notice, then you can’t apply for an enforcement order or for financial compensation against them if they fail to comply with the child arrangements order.
  • If you have a child arrangements order (originally a contact order) that was made before 8th December 2008, you may apply for a warning notice to be attached to the child arrangements order. Your original order will be treated as a child arrangements order from 22nd April 2014.
  • Part 1 of form C78 will ask you to state details about the current child arrangements order that you would like to attach a warning notice to. You must attach a copy of this order to your form C78.
  • Part 2 will ask you about your personal details. If you want to keep yours and your children’s contact details confidential from your ex-partner, then do not put these details in part 2. You must complete form C8 and send it with your form C78. 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 2 will ask about you about details of your solicitor you have one acting for you and details of any other applicant besides yourself. 
  • Part 3 will ask personal details about the child(ren) named in the court order. 
  • Part 4 will ask you personal details about the respondent(s), their relationship to the child(ren) and details of their solicitor if they have one.
  • Part 5 will ask you about any current court cases with regards to the child(ren) this application relates to. If the answer is yes you will be required to complete the boxes in part 5. If you can do attach these court orders to your form C78.
  • If you need more space to provide details of more children in part 3 or details of more respondents in part 4 or details of more current court cases in part 5 you can continue on a separate sheet and attach these sheets to form C78. Ad stated above please make sure you put your name and the number of the question/section you are answering on the extra sheet.
  • Part 6 will ask you to sign the statement of truth.
  • Part 7 will ask you to sign form C78
  • Part 8 will ask you if you need an interpreter when you attend court proceedings. You will also be asked if you or any of the parties involved have a disability and need any special assistance or special facilities. Then you will be asked if you need the court to provide any special arrangements for you such as a separate waiting room or screen.
  • Please remember – as stated above – you  must include a copy of the child arrangements court order that you would like the warning notice attached to.

WHERE CAN YOU FIND FORM C78/DOWNLOAD THIS FORM?

Please click on the link below to download form C78 from the government website. Please complete and send by post (signed for recorded delivery).

LINK TO GOVERNMENT WEBSITE FOR FORM C78

WHEN WAS FORM C78 FIRST PUBLISHED AND LAST UPDATED?

Form C78 was first published by the government (HM Courts & Tribunals Service) on 01-01-2016 and it was last updated on 11-02-202