Children in divorce and separation: What is a C100 form?
Sometimes, you need to ask the Court to help with children in divorce and separation.
If communication has broken down between you and your ex, or agreements cannot be made on matters concerning your children, or you need to prevent the other parent doing something, then you will need to complete a C100 form.
What is a C100 form?
The C100 form is the name of the application you need when asking the court for:
- A Prohibited Steps Order
- A Specific Issue Order
- Child Arrangements Order
You can complete the form yourself, or a solicitor can complete it with you.
What order am I asking the court for?
On the C100 form you can ask for one, two, or all of the orders mentioned above. But, what does each one mean?
- A Prohibited Steps Order is requested when you wish to stop the other parent from doing something or taking a certain action. For example, to stop the relocation of your children either in UK or abroad.
- A Specific Issue Order is needed where you wish the court to decide on something such as schooling or medical treatment if as parents you cannot agree.
- Child Arrangements Order is for when you as parents cannot agree on contact or where a child/children will live.
IF YOU HAVE ANY CONCERNS OF HARM TO YOUR CHILDREN you should indicate on the front of the C100 form and complete a C1A form.
Use as much detail as possible when completing the C100 form, especially concerning the other party. The Court will issue a copy to them as they need to be made aware of proceedings.
If you do not wish to disclose your address to the other side, then you need to complete a C8 form.
It is best to provide as much information as possible about the orders that you are asking the court for.
Pay particular attention the history of your case. This will enable the court to explore at a later time, but they need to know what you are asking for and the reasons why.
Have you tried mediation?
It is now a legal requirement to attend a Mediation Information and Assessment Meeting, or MIAM, before applying to court for an order.
The courts wish people to try and resolve issues between them before asking the court to intervene.
However, sometimes this is not appropriate, as in cases where domestic abuse or child abuse is concerned.
We can help you discuss what options are available to you.
If domestic abuse is happening to you, we can help you go through the C100 form and explain the evidence you need to provide.
Also, if your application to the court is urgent, you can also be exempt from needing to go to mediation.
It helps to seek legal advice around matters of urgency.
Filling out court forms can be daunting. Be sure to read it through before attempting to fill it out.
If you need advice and guidance to fill out court form or discuss options, Swain & Co Solicitors are here to help you.
Call us on 02392 483322 or fill out our enquiry form and we can get back to you.
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