C100 Form: How to Fill It Out Step by Step

Separating from your partner is a difficult experience, and when children are involved, emotions can affect your decision-making ability. One of the most pressing concerns is figuring out living arrangements and how much time each parent will spend with the children. This is where the C100 form comes into play, acting as the official gateway to formalising child arrangements or taking matters to court if an agreement can't be reached.

But, navigating the legal system can never be an easy task. That's where a McKenzie friend steps in, providing invaluable support throughout the C100 process.

What is a C100 Form Used for in Child Arrangements?

If you and your former partner can't agree on child arrangements, the C100 form is your solution. This crucial document gets you a legally binding court order.

To use the C100 form, complete it with detailed information about your desired child arrangements. Then, submit it to the family court as part of your child proceeding application. The court will review your application and issue a legally binding order based on the best interests of the child. By using the C100 form, you can:

• Clearly outline your desired arrangements: Specify the time you want to spend with your child, where they'll live, and how decisions will be made.

• Address any concerns or disputes: If you have disagreements with the other parent, the C100 form is a piece of paper through which you discuss and resolve them.

• Apply for different orders: You can request a child arrangements order (to decide where the child will live), a prohibited steps order (to stop certain actions like moving the child), or a specific issue order (to settle disagreements like schooling or travel).

• Formalise agreements: If you and the other parent have agreed on child arrangements, the C100 form can help you make this agreement official.

How to Fill Out the C100 Form: A Simple Guide

The C100 form itself might seem confusing at first glance, but it should only be completed by individuals representing themselves in court (litigants in person). Here's a basic breakdown of the sections you'll have to fill in:

Page 1: Details of Your Case/Application

This is the starting point of your application. If you're getting help with court fees, make sure to include your HWF Case Number in the upper-right-hand corner of the page. You’re the applicant, so you’ll need to provide your details first, followed by the full name of the respondent (the person you're filing against).

Types of Orders You Can Apply for:

• Child Arrangements Order: Use this order to let the court decide on how and when your children will spend time with you. This includes school holidays, weekends, or even specific arrangements like visits during school breaks.
  
• Prohibited Steps Order: If there’s a disagreement about relocating the child or changing their school, this order can be used to prevent actions that you believe might harm your child.
  
• Specific Issue Order: Apply for this if you and the other parent can’t agree on specific matters like holiday plans, passport holding, or even where the child should go to school.

You can tick more than one box in this section, depending on what you’re applying for, and add a brief description for each.

Concerns About Risk of Harm:

If you think your child is in danger, provide complete details and solid evidence. You might need to fill out a separate form (C1A) for this.

Other Questions:

• Urgent Hearing: If there's an immediate risk to your child, check "yes" for an urgent hearing.
  
• Past Proceedings: If there have been other court cases about your child, mention them here.

Section 2 & 3: The Children

This is where you mention details about your child/children. Mention each child’s name, date of birth, and the type of order you’re requesting for them. If you're applying for different orders for different children, just be sure to make that clear.

Key Questions:

• Are any children known to local authorities?
  Show if the children are known to social services. If yes, provide the social worker's name and the local authority. Also, specify if any children are under a Child Protection Plan.
  
• Who do the children live with?
  If the children live with you (the applicant), tick your box. If they live with the respondent, tick their box. You’ll need to provide addresses. If you want to keep your address private, fill out Form C8.

Section 4: Mediation Information and Assessment Meeting (MIAM)

You don’t need to fill out this section yourself. If you attended a MIAM (Mediation Information and Assessment Meeting), the family mediator should fill in and sign this part for you. They’ll certify whether you attended the meeting or if you're exempt from attending due to reasons like domestic abuse or urgent matters. Once the mediator has signed this page, they’ll send it back to you. Just insert it into your C100 form before submission.

Note: Make sure the mediator is accredited by the Family Mediation Council (FMC) because only accredited mediators can sign this certificate.

Don’t waste money on court fees – our mediation services have saved clients thousands.

Section 5: Why Are You Making This Application?

Here, you'll explain to the court why you're applying for a child arrangements order, prohibited steps order, or specific issue order. You should make it clear why the court’s involvement is necessary. For example, you might be struggling to agree on how much time your children should spend with you or the other parent.

If you're a grandparent, caretaker, or someone who doesn't have automatic parental rights, you need to mention in the C100 form why you want to be involved in the child's life. You should also explain if you have permission from the child's parents to make this request. Just be clear and simple so the judge can understand why you need the court's help.

Section 6: Urgent or Without Notice Hearings

You only need to complete this section if you’re asking the court to hold a hearing urgently or without informing the other party (usually the other parent). This is important when there’s an immediate risk of harm to your child, or you fear the other party will take drastic action if they find out about the court case. For example, your child could be at risk of being taken abroad without your consent or that the other parent has threatened violence.

Section 7: Other Court Cases Involving the Children

If the children in your application have been involved in any court cases before, such as those about care, adoption, or family matters, you need to tell the judge. Give as much information as you can, like the case number and what kind of case it was. If there were any previous court orders about the children, include copies so the judge can see them.

Section 8: International Elements

If you're completing a C100 form and have any international connections, Section 8 is crucial. This section is relevant if:

• A parent or child lives abroad.
  
• There's a plan for the child to move to another country.
  
• You're concerned about the child being taken abroad without your consent.

If you answered "Yes" to the international elements question on page 1, provide detailed information in this section. Include:

• The country involved.
  
• Whether the child or parent currently resides there.
  
• Any potential plans for relocation.

If you're worried about the other parent taking the child abroad without your permission, this is the place to express your concerns.

Section 9: Special Assistance or Welsh Language Needs

In this section, you’ll inform the court if you or your child(ren) need any special assistance during the court proceedings. This includes help such as an interpreter if English isn’t your first language or if you need a sign language interpreter.

You can also use this section to request that the proceedings be conducted in Welsh, either spoken or written, if this is your preferred language.

Section 10: Attending the Court

Section 10 of the C100 form asks about any special accommodations you require when attending the family court. If you have a disability or require other support, please mention it here. You can request facilities like wheelchair access, hearing loops, or other assistance. If you or your children don't speak English fluently, please request that you need an interpreter.

Section 11: About You (the Applicant)

Here, you'll fill out all your personal details like your name, address, and date of birth. This part is pretty straightforward but important. If you’re worried about the other parent knowing your address because of safety reasons, you can choose to keep it private here. Instead, you’ll need to fill out Form C8, which keeps your address confidential from the other party.

Section 12: The Respondent(s)

In this section, you’ll give details about the other person (the respondent). This includes their full name, address, and date of birth, if you know them. The respondent is usually the other parent, but it could also be anyone taking care of your child.

If you don’t know the respondent’s address, or if they’re hiding their location, you can fill out Form C4. This will ask the court to track down their address. Just be sure to give as much information as possible so the court can notify the respondent about the case.

Section 13: Others Who Should Be Given Notice

Here, you need to mention anyone else who should know about the court application. This could include grandparents or other family members who play an important role in the child's life. You can also list any other children who are not part of the application but might be affected by the court’s decisions.

You should always provide the correct contact details for these people so the court can inform them during the process.

Section 14: Solicitor’s Details

If you have a solicitor helping you with this C100 form, include their contact information in this section. This way, the court can directly communicate with your solicitor about any updates or important information.

If you don’t have a solicitor, simply tick "No" and leave the rest of this section as it is. Many people handle their C100 application without legal representation, but if you need help, this is where a McKenzie Friend can step in to guide you affordably.

What Happens After You Submit the C100 Form?

Once you've submitted the completed C100 form and paid the court fee, here's a general outline of what to expect:

• The Court Responds: The court will acknowledge your application and send a copy to your ex-partner. They will then have a set timeframe to respond, either agreeing to your proposals or outlining their own.

• Mediation: The court might encourage mediation at this stage. Here, a neutral third party facilitates communication between you and your ex-partner to try and reach an agreement outside of court. While not compulsory, mediation can save time and money.

• Court Hearing: If mediation is unsuccessful or not suitable, a court hearing might be necessary. This is where the importance of a McKenzie friend is amplified.

Dig Deeper: Want to know more about what happens at a child custody hearing? Check out our detailed guide here.

Here's How a McKenzie Friend Helps with C100 Form:

Yes - you can represent yourself in court (become a litigant in person), but, keep in mind - the intricacies of the legal system are quite confusing. One little mistake, and your application may get rejected on the first stage. Here's where a McKenzie friend can make a significant difference:

We can guide you through the process, making sure that each section is completed correctly and that you have all the necessary supporting documents. Whether you’re facing an urgent hearing, or if mediation is required, our McKenzie Friends offer affordable, expert advice to make sure your application is strong and your concerns are heard.

Why Pick Us as Your McKenzie Friend?

While we, McKenzie friends cannot offer legal advice or represent you in court like a solicitor, our support provides several crucial benefits such as:

• Emotional Strength: Going through separation and child arrangements can be emotionally draining. We offer a listening ear and unwavering support, helping you go through this tough time with greater emotional resilience.

• Cost-Effective Solution: We understand the financial strain of separation. Our services are a cost-effective alternative to hiring a solicitor, so that you get valuable support without breaking the bank.

• Tailored Approach: We recognise that every case is unique. We tailor our approach to your specific needs and concerns, ensuring you feel confident and heard throughout the process.

Beyond just filling out forms or attending hearings, we become your trusted partner in achieving the best outcome for your children. Check out our 5-star Google Reviews and see how we've saved our clients thousands in legal fees.

Don't go it alone. Contact 0121 582 2499 today. We'll guide you through the child arrangements C100 process.