C100 applications: getting your application right from the start

Form C100 may be used to apply for:

• a Child Arrangements Order;
• a Prohibited Steps Order;
• a Specific Issue Order;
• the variation or discharge of an existing section 8 order; or
• permission to make an application where the court’s permission is required.

It is important to use the correct application route. Form C100 is not used for every application concerning children.

For example:

• an application to enforce an existing Child Arrangements Order will normally require Form C79; and
• an application or request made within existing proceedings may require Form C2 instead.

The correct form will depend on the type of order required and whether proceedings are already taking place.

Before beginning the form, an applicant should consider:

• the precise order they want the court to make;
• the practical outcome they are asking for;
• whether they have parental responsibility or require permission to apply;
• whether there are existing court proceedings or orders;
• whether the MIAM requirement applies;
• whether a valid MIAM exemption is available;
• whether the matter is urgent;
• whether an application without notice is genuinely necessary;
• whether there are allegations of harm or domestic abuse requiring Form C1A;
• whether any contact details need to be protected using Form C8; and
• who must be identified as a respondent or otherwise notified about the application.

Clarifying these matters before filing can reduce the risk of delay, confusion or the wrong application being made.

Before making most private children applications, the applicant is normally expected to attend a Mediation Information and Assessment Meeting, commonly known as a MIAM.

There are exemptions, including certain circumstances involving domestic abuse, urgency, child-protection concerns or previous mediation attendance. The relevant exemption must be identified accurately and supported by the evidence required by the form.

Where mediator confirmation is required, that section must be completed by an authorised family mediator.

Price Family Law can help clients understand the relevant parts of the application, but cannot certify a MIAM exemption or guarantee that the court will accept one.

Form C1A should normally accompany the C100 where the applicant alleges that a child has suffered, or is at risk of suffering, harm because of domestic abuse or another safeguarding concern.

The information provided should be:

• accurate and based on the applicant’s genuine account;
• relevant to the child and the orders being requested;
• sufficiently specific about the alleged behaviour or incident;
• clear about any present or future risk; and
• clear about any protective arrangements being requested.

Form C1A is not a substitute for a detailed witness statement or Scott Schedule where the court later directs that one must be filed.

Respondents can also use Form C1A alongside their response where they need to raise allegations of harm.

An urgent application is not automatically an application without notice.

An applicant asking the court to consider a matter urgently should explain:

• why the matter cannot wait for the ordinary court timetable;
• the immediate risk or practical problem;
• when the relevant circumstances arose;
• what interim order is being requested; and
• what may happen if the court does not deal with the application urgently.

Applications without notice are reserved for circumstances in which giving advance warning may create a risk of harm, defeat the purpose of the application or otherwise make notice inappropriate.

An applicant must provide full and frank information to the court, including relevant facts that may not support their position and, where possible, what the other party is likely to say in response.

The court decides whether an application is urgent or should be considered without notice. An urgent application should never be presented as a way of obtaining a tactical advantage.

A person who does not want their address, telephone number or other contact details disclosed to another party may need to submit Form C8.

Care must also be taken to ensure that confidential information has not been repeated elsewhere in:

• Form C100;
• Form C1A;
• a statement;
• an exhibit or attachment; or
• correspondence sent to the other party.

The court and Cafcass or Cafcass Cymru may still use the confidential information for official purposes.

Common problems include:

• using the wrong application form;
• failing to state clearly what order is requested;
• providing a long history without explaining its relevance;
• including inconsistent names, dates or case details;
• failing to disclose existing proceedings or orders;
• relying on a MIAM exemption without completing the relevant section properly;
• claiming urgency without explaining the immediate issue;
• making broad allegations without dates, examples or an explanation of risk;
• accidentally revealing confidential contact details;
• attaching excessive or irrelevant documents; and
• submitting the form without checking the completed application carefully.

The application should contain enough information to help the court understand the dispute and the orders requested without becoming an unfocused account of every disagreement between the parties.

Depending on the application and the court’s directions:

1. The court will consider and issue the application.
2. The relevant documents will need to be provided to the respondent in accordance with the court’s arrangements.
3. Cafcass or Cafcass Cymru may undertake safeguarding checks.
4. The respondent may be asked to complete Form C7 and, where relevant, Form C1A.
5. The court will list a hearing or give further directions.
6. The parties may be directed to provide statements, schedules or further evidence.

The exact process will depend on the nature of the application, any safeguarding concerns and the directions made by the court.

Price Family Law can provide practical support with:

• identifying the appropriate application route;
• clarifying the order and outcome being requested;
• preparing and reviewing Form C100;
• preparing and reviewing Form C1A where required;
• identifying when Form C8 may be needed;
• presenting the relevant history clearly and concisely;
• producing a focused chronology;
• organising supporting information;
• checking the application for consistency and completeness; and
• preparing for the next stage, including Cafcass involvement and the first hearing.

The client remains responsible for confirming that all facts are correct, signing the statement of truth, submitting the application, paying any court fee, keeping proof of submission and complying with court directions.

C100 application preparation is available as a One-Off Fixed Fee Service.

The fee is confirmed following a free consultation and an assessment of:

• the application required;
• the amount of background material;
• whether Form C1A or Form C8 is needed;
• whether the application is urgent; and
• the agreed scope of work.

C100 preparation may also form part of Complete Case Support.

Where a matter is already complex, involves extensive documents or requires a wider assessment of strategy, a Strategic Case Review may be recommended at £495.

Court fees and other third-party costs are not included unless expressly stated. Documents are reviewed once the service scope has been agreed and payment has been received.