Form C100 is used to apply to the family court for orders concerning the living arrangements, safety, or welfare of a child under Section 8 of the Children Act 1989. This includes:
- Specific Issue Order (SIO) – for a particular issue relating to a child’s care or upbringing.
- Prohibited Steps Order (PSO) – to prevent a parent from taking specific actions (e.g. moving them to another country) or making certain decisions without the other parent’s consent.
- Child Arrangements Order (CAO) – to set out the child’s living arrangements and the amount of time they will spend with each parent following separation.
- End or change an existing order – to ask the court to discharge or vary an existing SIO, PSO, or CAO.
Please remember that before you can apply to the court for one of these orders, you must have attended a Mediation Information and Assessment Meeting (MIAM). This has been a legal requirement since April 2014. You may be exempt from attending a MIAM if the matter is urgent, for example, there is a history of domestic abuse or coercion and control, or if you cannot contact the other party.
How to complete C100 form
The C100 form contains 25 pages, all of which must be completed by the applicant or their legal representative. The form requests details of the applicant and the person who will receive the application, and is required to respond (by the respondent). You will also need to provide details of the children concerned, any safety concerns, the nature of and reason for the application, any current child arrangements, MIAM attendance and outcome, the proposed timetable for consideration and Solicitor’s details.
When completing Form C100, it is important to know that any errors or missing information will almost certainly cause unnecessary delays and complications. Before submitting the form to the court, it is important to take the time to ensure that all prerequisites have been met, the information is complete, you have provided any required documents, and it is 100% accurate. To reduce any delays, refusals, or confusion when submitting a Form C100, our family lawyers recommend the following:
- Being as clear and concise as possible – always provide plain facts and avoid emotional or accusatory statements
- Focus on the child’s welfare – clearly explain how your proposals support the well-being and/or safety of the child
- Provide relevant dates – include accurate details of key events (e.g. when the issue arose, when the child last saw the other parent)
- Avoid unnecessary detail – only include information directly related to the child and the issues at hand
- Be honest and consistent at all times
- Attach supporting documents – include any relevant evidence such as police reports, school records, or medical notes to support your application
- Use additional sheets of paper if needed – if you run out of space, you can use extra pages, but make sure they are clearly labelled.
- Sign and date the form – the court will refuse any application that is not signed or dated.
- Keep a copy – keep a copy for your own records and for use in court.
If you are not familiar with the C100 form or your situation is complex, it is always recommended to seek legal advice from a family law solicitor who can handle the application for you.
What happens after the C100 form is submitted?
After your completed, signed and dated C100 form has been sent to the court, the following steps will be taken:
- The family court will ‘issue’ the application – this means that they will check your form and supporting documents, and if approved, assign a case number and send a copy to the respondent
- First Hearing Dispute Resolution Appointment (FHDRA) date set – Both parties will be sent a letter (notice) by the court containing the date, time, and location of the first hearing
- Safeguarding checks carried out – the court may request CAFCASS (Children and Family Court Advisory and Support Service) to carry out checks with the police and social services. If necessary, CAFCASS may contact both parties. A safeguarding letter will then be sent to the court, and prior to the FHDRA
- The respondent replies using a C7 form – they must complete an acknowledgement of service to agree or oppose the application, and can also raise concerns
- First Hearing Dispute Resolution Appointment (FHDRA) – the judge will look at whether issues can be resolved without a full hearing. Depending on the situation, it may be necessary for a CAFCASS officer to be present. In some cases, it may be possible to reach an agreement at the first hearing. If so, the judge will issue a legally binding and enforceable Consent Order setting out the agreement. If the FHDRA does not resolve the dispute, the judge will provide directions for the next stage (e.g. fact-finding hearing, further CAFCASS report, final hearing)
- Further Dispute Resolution Appointments (DRAs) – it may be necessary to have further hearings before a final order is made
- Final hearing – if the parties cannot reach an agreement, the judge will arrange a final hearing and make a binding decision in the best interests of the child. During this final hearing, it may be necessary for both parties to give evidence and be cross-examined.
Court proceedings can take anywhere from 6 to 18 months to resolve. This will depend on the complexity of the case, the availability of the courts, and the willingness of the parties to compromise. If the case is taking a long time, the court may decide to issue a temporary (interim) order in the meantime to ensure the safety and welfare of the child concerned.