Understanding the C100 Form: What It Is and When You Might Need One

If you’re facing a situation where you and your child’s other parent cannot agree on important decisions about your child’s upbringing, you might need to seek assistance from the court. This is where the C100 form comes into play. But what exactly is a C100 form, and when should you use it?

What is a C100 Form?

A C100 form is the document you must submit to the court when you are applying for a court order regarding disputes about a child. These applications often cover:

– Child arrangements: Determining where a child will live and how much time they will spend with each parent.
– Specific issues: Deciding specific matters such as which school the child should attend, religious upbringing, or significant medical treatment.
– Prohibited steps orders: Restricting certain actions, such as preventing a parent from taking the child abroad without consent.

Once the form is filed, the court becomes involved in making decisions that are in the best interests of the child.

When Might You Need a C100 Form?

While it’s always best to try to resolve disputes through negotiation or mediation, there are situations where this isn’t possible. If mediation has failed or discussions have broken down, you might need to apply for a court order using the C100 form. Common scenarios include:

1. Disagreements over where the child should live
If you and the other parent cannot agree on your child’s primary residence, a child arrangements order via a C100 form might be necessary to formalise a decision.

2. Disputes over parental access
Where contact with your child is being denied or there are disagreements about how much time a parent should spend with the child, a C100 form can be used to apply for a court-enforced arrangement.

3. Specific decisions
Issues such as deciding which school your child should attend or choices about healthcare can sometimes require a specific issue order if parents cannot agree.

4. Preventing certain actions
If you need to prevent the other parent from making significant decisions—such as relocating your child abroad without permission—you can apply for a prohibited steps order.

Mediation Requirement Before Filing a C100 Form

Before submitting a C100 form, most applicants are required to attend a Mediation Information and Assessment Meeting (MIAM). The purpose of this meeting is to see whether mediation could resolve the dispute without going to court. Mediation is often quicker, less stressful, and less costly than court proceedings.

However, there are exceptions to this requirement. You can skip the MIAM if:

– There is evidence of domestic violence.
– The matter is urgent (e.g., an imminent threat of a parent taking the child out of the country).
– Certain other exemptions apply (such as a history of child neglect).

For more information on Mediation Information and Assessment Meetings (MIAMs) and how they may help, click here.

Timeframes: How Long Does It Take?

Once you file the C100 form, the court process can take time. Generally, a first hearing is scheduled within 4-6 weeks of submitting your application. However, this may vary depending on the complexity of the case and the availability of court resources. Cases involving child welfare are prioritised, but expect the entire process, from application to the final ruling, to take several months in most cases.

For a detailed overview of what happens after filing the form, including timescales, visit the Government’s child arrangements page here .

Costs Involved

Filing a C100 form comes with a court fee, which currently stands at £232. It’s important to consider the potential legal costs as well, especially if you choose to have legal representation. While it’s possible to file a C100 form without a solicitor, obtaining legal advice can be invaluable in ensuring that your case is presented effectively. Legal aid may be available for those who meet specific criteria, particularly in cases involving domestic abuse.

To see if you’re eligible for legal aid, check out the Legal Aid Calculator here.

 Consequences of Non-Compliance

Once a court order has been issued following the C100 application, both parents are legally bound to comply with it. Failing to adhere to the order can result in serious consequences, including enforcement orders, fines, or, in extreme cases, imprisonment. The court takes breaches of orders seriously, especially if they impact the welfare of the child.

For further guidance on what happens if someone doesn’t follow a court order, refer to the Enforcement of court orders section here.

How OLS Solicitors Can Help

At OLS Solicitors, we understand how stressful and emotional it can be to deal with disputes involving children. Our experienced family law team can guide you through the process, whether it’s helping you understand if a C100 form is necessary, preparing the application, or representing you in court. With expert legal advice, we aim to resolve matters as swiftly and amicably as possible, always prioritising the best interests of your child.

Whether you’re facing difficulties with child arrangements, specific issues, or need to prevent certain actions from being taken by the other parent, we’re here to offer clear, supportive, and effective legal guidance every step of the way. Let us help you navigate these challenging times with confidence and ensure the best possible outcome for your family.

For expert assistance with your C100 application or any other family law matter, please get in touch with OLS Solicitors today. We’re here to help you make the right decisions for you and your child’s future.