How To Fill Out C100 Template

Making an application to court

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About the Kid Organisation Order Template

This guide has been completed in collaboration with our family police force solicitors and our accredited family mediators to assist you lot complete a Form C100. It includes example pages of a completed C100 awarding and takes you through each section y'all need to submit your C100 class to courtroom.

We always recommend taking your own legal advice and using an experienced Resolution accredited family lawyer - but nosotros understand that this may not always be possible.

Disclaimer: This guide to completing a class C100 does not qualify as legal advice and due to the changing nature of family unit police force and the C100 course itself, we always recommend you take specific legal advice on your case.

What is a C100 Form?

A C100 Form is the form you need to complete to ask for a family court to brand a judgement under Section 8 of the Children Act 1989.  In other words, you are asking a court to make a conclusion on the parenting arrangements for your kid(ren).

You can download C100 form here. It is worth printing it off and completing it in pencil starting time, before y'all consummate the Child Arrangements Order Form either online or in ink.

You can also ask for the course in person from your local family unit court if you do non take admission to a printer or are not submitting the child arrangement lodge online.  Please note, the court staff will not be able to give advice on how to complete your C100 application.

Prior to Completion

Once yous have acquainted yourself with the C100, you will usually need to contact a Family unit Mediator for a coming together chosen a Mediation Data Cess Coming together. This is also called a MIAM.

Consideration of arbitration past way of a MIAM became compulsory since April 2014. It is intended to explain to you how mediation can help and works out if it is suitable for your situation. In that location are some exceptions to this, near notably urgent cases and cases where you take been the victim of domestic corruption, but wherever possible, we recommend trying to resolve the parenting arrangements initially between yourselves and if that does non piece of work, then through family arbitration.

The Mediation Data Assessment Meeting (MIAM)

Your C100 form must be signed by an accredited family mediator. This means they have not only completed a recognised professional person family mediation course, but as well completed a full mediation portfolio and have kept their training and ongoing professional registration requirements upwards to date.

For the MIAM you accept 2 options:

one) Standard MIAM

This will be a coming together, either online or face to confront with an accredited family unit mediator. They volition explain mediation to yous, get a groundwork to your case and if you agree tin can then contact the other party. They can so sign the C100 course on Page 9:

• If the other party does not respond, or declines mediation
• If you attempt mediation just it breaks down
• If you do non wish to brainstorm arbitration yourself
• If the mediator decided mediation is non suitable for your situation

To book your standard MIAM where you wish to invite the other party and keep the matter out of court click here – bachelor nationally for £115

2) Fast-runway MIAM

This is an online MIAM bachelor throughout England & Wales. It is a twenty-minute call with an accredited family mediator who will explain mediation and become a cursory background to your case. It is suitable when:

• You have an urgent matter that does non encounter the C100 urgency criteria
• You do not wish to mediate
• The other party has already indicated they exercise not wish to mediate
• You have been a victim of domestic abuse but practice non have the required proofs for court
• You have already tried mediation and information technology broke downwards
• Your previous MIAM or C100 certificate was signed more than four months agone
• You cannot get to a local family mediator
• You lot just want a fast-rail approach for going direct to court

Book your Fast-Runway Online MIAM here. Special Discounted Offer - £99 Gets you the signed Course C100 within 24-hours

Your family unit mediator will provide you with the signed Folio nine of the form. They volition tick the boxes they consider the about relevant to your situation and they may tick more than than ane box. Once they have signed and appointment the form, it is valid for 4 months, so you will demand to consummate the rest of the form and submit information technology within that timescale.

Help With Court Fees

The court fee for submission of the C100 form is currently £232.  You are eligible for help with fees if y'all are on certain benefits or low income. Information technology is usually worth checking as information technology volition relieve yous the court submission fee and can exist dependent on factors such every bit your monthly budget and the number of children you lot take. This will have no bear on on how your case is dealt with by the court and does non encompass your own legal fees.

If you are on sure benefits yous may also be eligible for legal assistance for your MIAM.

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Completing the Form C100

Then you now have your legal MIAM certificate sorted out, it is time to beginning completing the contact social club form C100. Below we become through an case of a completed C100. The cover of the form is about mediation and how the law has inverse. Y'all don't take to, just we recommend signing and dating this cover page to bear witness the court you lot have read and fully empathize it.

Now lets await at the Child Organization Order Template:

Page 1 – Application Under Section 8 Children's Deed

If you have completed an awarding for help with fees, you volition have been given an HWF number. You should enter information technology on the form at the elevation.

Complete your full name in the first section. You lot are the applicant. It volition usually be just yourself applying. You lot then demand to enter the total name of the Respondent. This volition be the other political party in your case. Again, it is normally only 1 person's proper noun you lot would enter here.

Nature of Application

There are iii types of order this grade is used for:

• A Child Arrangements Order
• A Prohibited Steps Gild
• Specific Issues Guild

A Kid Arrangements Gild

This is the most common type of guild. Information technology volition enquire the courtroom to make a decision on where and when your children volition come across you. Information technology tin can embrace matters such equally overnight stays, how your children will communicate with yous outside of these times and can cover holiday periods and other events.

Prohibited Steps Order

These are relatively rare submission and comprehend matters such every bit when one parent wants to remove the child(ren) from the county, motility further away or change their schools. Such matters can be complicated and we recommend taking contained legal advice at to the lowest degree every bit a first pace prior to submission of your C100.

Specific Issue Club

This will cover matters such as when you want to take the children on vacation but the other party disagrees. Or maybe what will happen over Christmas, a family unit nuptials or religious festival. It may be for what school the child(ren) volition attend, or who will concord the passports.

You tin tick more than one box and so provide a very brief summary in the box below:

For example: "I am seeking an gild to determine where the child(ren) with stay and when and arrangements for summer holidays, half-term and Christmas."

Concerns about hazard of harm

The courtroom will investigate any accusations thoroughly, then you need to be admittedly articulate on your allegation and the bear witness you take. Y'all should of class answer 'Yes' if any of them utilize and make full in boosted information on the Form C1A.

Boosted information Required

Are yous asking for permission to make this application, where that is required?

You would non unremarkably demand to ask permission if you take parental responsibility, where the child is a kid of the family unit in a union or civil partnership, or if y'all have lived with the kid for three years or longer. Grandparents can use for guardianship or if the kid has lived with them for at to the lowest degree three of the final five years.

If this does not apply to you, y'all will demand to utilise for permission from the court to apply, and so can tick this box. In about cases, as a parent, yous tin say "No".

Is an urgent hearing or without notice hearing required?

This is where you need to ask the court to act immediately to prevent harm to a kid or where notifying the other party would likely crusade damage to the kid.  All cases involving children are urgent, just y'all will need to show there is an imminent hazard to the child(ren). If you tick yeah, fill in Section 6a or 6b.

Are there previous or ongoing proceedings for the child(ren)?

If you have had previous dealings in any court regarding the children you should tick Yeah and enter the details in Section 7. This is and so the court has all the information it needs.

Are you applying for an order to formalise an agreement (consent society)?

This is where y'all accept made an agreement through yourselves, family unit mediation or with the assistance of solicitors exterior of courtroom and wish for your agreement to exist formalised into a child arrangements order. The courtroom will but brand such an order if they consider it in the best interest of the child(ren).

Is this a case with an international chemical element or factors affecting litigation chapters?

Tick Yes and complete Section 8 or 9 if i of the parents or kid(ren) lives away, involves a relocation abroad. This is not the case if the event is involving taking your child abroad on holiday.

Volition the child or whatsoever of the people involved need to utilise spoken or written Welsh during the course of the proceedings?

Tick yes if this is the case and complete Section ten

Folio 2 – C100 Children's Details

Summary of children's details

This is where you need to add together all the details of all the children that you are asking the court to brand an order almost. You demand to be completely accurate here. Start with the eldest kid and complete their appointment of birth where known. The order applied for will commonly be "Kid Arrangements Order" or "Specific Issues Order" or both. Yous volition have stipulated this on the forepart page. Information technology is possible you lot could enquire for different orders for different children. Ensure you lot enter both yours' (the Applicant) and the other parents' (the Respondent) relationship to each child listed, even if it is the same for all.

Folio three – C100 Children's Details connected

This page goes further into the information about the child(ren) y'all are making an application for:

1a – Are whatever of the children known to the local authority children's services?

Enter Yep, No or Don't know here – only don't guess. If Yes, and so there is infinite to enter the name of the child, the Local Authority and the name of their social worker if you know it.

1b – Are whatsoever of the children the subject field of a kid protection plan?

This would be a plan formalised by the local child services to item how to protect the child(ren). You would ordinarily have been notified if such a programme was to be put in place.

1c – Practise all the children take the same parents?

Enter Yep or No hither and enter the names of the parents, otherwise enter all the details in the box below.

The next box deals with parental responsibility. It is important to get this office right. Remember that you will automatically accept parental responsibility if you are the biological mother of the child, or if you are the male parent and named on the birth certificate or were married to the child's mother at the fourth dimension of the birth (even if you are no longer married).

Y'all may have practical for parental responsibility past a subsequent club. So whichever method of parental responsibility the party has, put their name and how they accept responsibility hither. You lot tin can find out more near who automatically has parental responsibility here.

1d – Who do the children currently live with?

Make full in the details of where the child(ren) currently alive here. Whether with you, the bidder, the respondent or someone else (such as a grandparent). Yous should note that any address listed here will be seen by all parties on the case, so in that location is the option to complete a confidential contact particular form, called a Form C8, which tin can be establish here.

Page iv – Requirement to attend a Arbitration, Information and Assessment Meeting (MIAM)

We looked at this part at the commencement of this Ultimate Guide to Completing a C100 Form. Simply in most cases, you will demand to take attended a MIAM. At that place are some 15 exceptions which I have written most in more detail in this blog.

• Yous are submitting the form to formalise an agreement you already take – called a consent order. Y'all would not need to consummate a MIAM as agreement has already been reached on all matters
• Concerns a child who is the subject of carve up ongoing emergency proceedings, care proceedings or supervision proceedings. These are where the child is at imminent hazard and proceedings accept already started. You would normally know if this is the case.
• You lot have an exemption from the requirement to nourish a MIAM. There is a long list of exemptions on folio 5 and we will go through these next.

One of the boxes on this page must therefore be ticked considering:

• An emergency order is currently going through
• You take an exemption (run into next page)
• Yous accept been told by a mediator that you lot have an exemption
• You have attended a MIAM

Page 5 – Applicant claims exemption(s) from omnipresence at a MIAM

This part of the form volition only be ticked if y'all take not attended a MIAM and accept ticked the box on the previous folio that you wish to employ for an exemption.

Please notation the court will reject your application if they disagree with your exemption request and they volition require and look at any evidence yous provide. This tin delay matters considerably so if you lot are unsure, do not take the prove or do not desire to provide the prove, yous may wish to consider a fast-track MIAM.

Book your Fast-Track Online MIAM here. Special Discounted Offer - £99 Get you the signed Form C100 within 24-hours.

There are 5 main areas the court will accept you not attending a MIAM:

• Domestic Violence
• Kid Protection Concerns
• Urgency
• Previous MIAM omnipresence or previous MIAM exemption
• Other Discretionary Reason

We will look at these in turn:

Department 3a – Deals with Domestic Violence (Abuse) evidence

The first half dozen boxes deal with evidence relating to domestic violence. If the other political party has been arrested, whether subsequently convicted or not, at that place will be prove of this bachelor from the local police who arrested them. You may need to provide a custody number, CAD number or other police reference. Delight note it is not testify in itself that the constabulary were called to an incident, in that location must take been an arrest made at some indicate in relation to domestic violence.

The next iv boxes bargain with any injunction or undertaking or finding of fact past a court. Y'all may have got a civil injunction which did not involve the constabulary for example.

The remaining boxes deal with any show you have by way of a alphabetic character, cess or other professional report from a health care worker, domestic corruption charity, or public body that shows domestic violence is or has taken place.

Please annotation it is not plenty to tell the courtroom you lot have suffered domestic abuse, if you cannot provide at to the lowest degree ane of the items of evidence listed over pages 5 to 7. If in doubt you should attend a MIAM and inform the family mediator that yous accept been a victim of domestic abuse – for which you do non need to provide any evidence.

They can so complete the relevant folio of the C100 course as necessary.

Folio 7 – MIAM Exemption Reasons

Section 3b – Child protection concerns

This exemption relates to whether the local authorization (unremarkably child services) take made an enquiry under Section 47 of the Children Act 1989 – which usually means the kid is in police protection, is field of study of an emergency protection society or is likely to suffer pregnant harm. You will normally be aware that such an enquiry is under mode.

Or, the kid may already be subject area to a child protection plan and over again you would normally be aware of this.

Section 3c – Relates to Urgency

Yous will need to think carefully most completing this sections as an exemption reason as if the court disagree you will accept to attend a MIAM and volition lose valuable time. You lot may wish to become a legal stance on this, or just book in a fast-track MIAM.

The urgency factors look at the run a risk to the life or physical condom to the applicant o their family or abode, hazard to the child, loss of evidence or like. These volition usually be extreme circumstances and would involve you needing to submit the application that day.

(Please note in some circumstances Mediate Uk can hold a same twenty-four hour period MIAM – call 0330 999 0959 for more information if your situation is extremely urgent).

Page 8 – Prior MIAM attendance or exemption

Section 3d – Previous MIAM attendance or exemption

This section is relevant if yous previously had a MIAM and your MIAM certificate, ie Page ix of the C100 form, is dated within the last four months. Exterior of this fourth dimension, you will need to do a new MIAM with an accredited family mediator.

Alternatively this awarding may chronicle to an existing example, where a MIAM had already taken place and in such situations, you practice not need to attend some other i for an application for existing proceedings.

Please Note: If you have had proceeding that are no longer ongoing, and have not attended a MIAM with in the terminal four months you will demand to attend a new MIAM appointment

Section 3e – Other exemptions

These cover a diversity of reasons. They relate to you contacting mediators within 15 miles of where y'all live and not being able to nourish a MIAM. With online MIAMs at present available these reasons are less likely to be accepted by the court. The Family Mediation Quango will let a MIAM to be held on the phone in exceptional circumstances.

If you lot practice non know where the other party lives or if they live abroad or are in prison,  then you do not have to consider mediation by way of a MIAM.

Finally if you or the other political party are a child, or if the awarding would not normally be served on the other party due to urgency or courtroom order, then y'all would tick the relevant box here.

The well-nigh mutual other exemption is non knowing a contact detail for the other party, but the court would wait you to take reasonable steps to find this out. Also, it is worth considering that online mediation tin can exist held when 1 parent lives in a different country.

Retrieve, you only demand to complete the relevant sections of pages 4 to 9 if you are applying for an exemption to a MIAM. If y'all accept a MIAM and so you leave these blank and the family mediator will complete page nine for yous:

Page 9 – Mediator confirms exemption or attendance at a MIAM

This page must be completed past an authorised family unit mediator. An authorised family mediator is one who has been accredited by the Family Mediation Council, a search of mediators near to yous tin can be constitute here or alternatively Mediate U.k. tin aid if yous live in England & Wales by conducting an online MIAM.

Book your Fast-Rail Online MIAM here. Special Discounted Offer - Just £99 Gets you the signed Course C100 within 24-hours.

One time yous have completed a MIAM the mediator will sign and appointment the course and transport information technology to yous (or your solicitor if you have one). You lot can then insert this page into your application.

Page 10 – Why are you making this application

Section 5 lets the court know why you are making an order. You lot need to confirm whether permission is needed and beingness sought (run across the section in this guide on page one about who can make the application is unsure)

Section 5a – reason for permission.

If y'all demand permission and are applying for it enter why hither. This may be something such every bit

"I am the paternal grandparent and have had a human relationship with the child for many years which has been suddenly and inexplicably removed."

Section 5b – brief details.

This is purely an overview statement. Do not go into full details or a history of events here. Yous will ordinarily have an opportunity to explicate things further when you case gets to court. This summary may be something along the lines of:

"My ex-partner and I separated two years ago and we have had an informal organisation in identify, where the children stayed with me 2 nights per calendar week and too on more nights by understanding. Since I have moved in with a new partner, all contact has been withdrawn and I am asking the court to make a kid arrangements order to formalise our arrangements every bit they previously were every bit I believe it is important for the children to have regular contact with me."

Department 5c – Have you previously prepared a Parenting Programme?

It is worth looking at a the parenting plan which yous can download from Caffcass.

If you already have a parenting plan between you, then you tin can attach information technology to the awarding form.

Page 11 – Urgent Hearings

Y'all volition simply complete this section if you lot accept ticked the relevant exemption box. Completing this page without challenge this exemption reason volition not go your instance heard quicker.

This page deals with urgent applications. This may exist where the child is about to be removed from the country without permission, or where they are at imminent run a risk of astringent harm. If such an urgent application is sought, you should give serious consideration to taking expert legal advice from a family solicitor or lawyer as a affair of urgency on your situation. You lot can search for a solicitor hither.

Page 12 – Without Notice Hearings

Section 6b deals with cases where the other party is not to be contacted. Once again you will only complete this department if challenge the relevant MIAM exemption. Y'all should as well strongly consider getting good legal advice if this is the reason yous are applying for an exemption.

Page 13 – Other court cases

This section is where you provide further details to the court, if you ticked Aye to the question on Page 1 regarding other courtroom hearings.  You should try and enter every bit much detail about the case(s) as possible here and tin attach whatever existing court order with your application.

Page fourteen – International Cases and Ability to participate

Section 8 – Cases with an international element

This section will exist completed if you ticked Yes to the relevant question on folio ane. If so y'all should complete the questions. This can be a complicated area and you should get legal advice from a lawyer or solicitor, preferably one who has experience of dealing with international family constabulary cases.

Section 9 – Factors affecting power to participate in proceedings

This department will only be completed if you accept ticked the relevant box on page i. You lot should put in here details of any disability or other factors affecting your ability to take part in proceedings.

Page 15 – Attention Court

You should consummate this folio. It will allow the court to be prepared for your court attendance and deals with organising interpreters, intermediaries or if you need whatsoever special help. It also allows y'all to request a separate waiting room if there are security concerns. The court will usually contact y'all about this earlier the hearing.

Page 16 – About the Applicant

You must consummate this department as fully every bit possible. If you lot have concerns near the respondent knowing your details, you should complete the Form C8 which deals with confidential contact details.

Folio 17 – About the Respondent

The courtroom will demand to contact the other party so you lot should put in here as much details as yous can. Don't guess and put 'don't know' if you're unsure.

If yous do not know the whereabouts of the child or other party, you can complete a Class C4. This will allow the court to carry out further investigations into their whereabouts.

Page xviii – Others who should exist given notice

In some cases there may be another person who needs to exist notified, for example if the child habitually stays with a grandparent, who would enter their details hither.

You lot can also enter details here of whatsoever other children who are non function of this application. For case if you accept children living with you lot from a new partner.

Page 19 – Solicitor's Details

You lot should enter the name of your solicitor hither if they will be acting for you lot. In about cases if you have a solicitor they will complete the C100 form on your behalf.

Folio 20 – Checklist and Statement of Truth

Section 15 – Checklist

This department asks you to cheque dorsum through the form C100 and check y'all have completed all the relevant sections. It reminds you that you demand at least 3 copies of the court course.

Section 16 – Argument of truth

This department is the Statement of Truth. It reminds you the importance of being factual and that y'all may be prosecuted for antipathy of court if yous are deliberately misleading or untruthful.

If completing the statement of truth yourself you should delete the office that says [the applicant believes] put your own full proper noun and sign in the box. You must appointment the form here too.

If you are paying the court fees, you can let the court know y'all volition exist making payment by menu or yous would put no if you are applying for a court fee waiver or wish to make payment by another method. You can check whether you are eligible for a fee waiver hither:

Pages 21 to 24 – Guidance notation for completing grade C100

These pages relate to Guidance Notes on completing the Child Arrangement Form. To ensure you take completed information technology correctly and thereby not delaying any application, you may wish to cheque these notes and the ones provided in this Ultimate Guide to Completing a Form C100, prior to submission.

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Next Steps

In one case you lot are happy with your form and yous accept either Page ix completed by an accredited family unit mediator or have evidenced / explained your exemption criteria you tin can submit the C100 grade to your local family courtroom.

In most cases, yous can now submit your C100 application online. This is unremarkably a quicker and easier way to proceed. You lot will nevertheless need to meet the legal requirements of a MIAM.

Courts and Arbitration

It is condign more prominent for a court to refer both parties back to mediation if they consider it is suitable for your case and has not been given a go already. In such cases, the judge will usually order a new hearing for 3 months downwards the line, whilst mediation is attempted.

Family Mediation is never compulsory, only the approximate would ask questions on why yous did not attempt information technology if they accept adjourned matters for y'all to try. Only more importantly information technology will delay matters farther, whilst you agree on a local mediator and set up the meetings.

This is why we strongly suggest attempting mediation as a kickoff step and using the family police force court and completing a C100 and submitting to court equally a last resort.

This ultimate guide has been produced past Ali Carter Dip M.(B.inst) F.inst.Pa.

Ali is the Manager of Divorce Ltd, a Mediator, Divorce Negotiator and has been previously through a divorce himself. He has helped clients in over 2000 divorce or separations since 2010.

Book your Fast-Track Online MIAM hither. Special Discounted Offer - £99 Gets you the signed Form C100 within 24-hours.

Yes! I would similar more data nigh a fast-track MIAM at the discounted fee of only £99 including the signed C100 form.

Read our: Ultimate Guide to a MIAM Appointment

How To Fill Out C100 Template,

Source: https://www.mediateuk.co.uk/the-ultimate-guide-to-completing-a-c100-form/

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