Making an Application: Children and the Family Courts

Navigating disagreements over child arrangements can be stressful and emotional. If you find yourself unable to reach an agreement with the other parent, you might need to involve the family court. This guide will help you understand the process and provide you with the necessary steps to make an application.

When to Apply to the Court

The family court can help resolve disputes concerning:

Where your child will live
Who your child will spend time with and when
Specific issues like schooling or medical treatment
Preventing one parent from making decisions about the child’s upbringing without the court’s consent

Common Scenarios for Court Involvement

Living Arrangements: Disagreements about which parent the child will live with.
Contact Arrangements: Disputes about how much time the child will spend with each parent.
Specific Issues: Matters such as choosing a school, religious upbringing, or medical treatments.
Prohibited Steps: Situations where one parent seeks to prevent the other from making specific decisions, such as taking the child abroad.

Mediation Information and Assessment Meeting (MIAM)

Before making an application, you must usually attend a Mediation Information and Assessment Meeting (MIAM). This meeting is designed to see if mediation could help you reach an agreement without going to court. If mediation is not suitable or the other parent refuses to attend, the mediator will sign the relevant section of your application form to show that you’ve considered mediation.

Purpose of Mediation

Mediation helps you and the other parent discuss your disagreements with the help of a neutral third party (the mediator). The aim is to reach an agreement that works for both of you without the need for a court hearing.

Benefits of Mediation

Less Stressful: Mediation is generally less adversarial than court proceedings.
Faster Resolution: Agreements can often be reached more quickly than through the court.
Lower Costs: Mediation can be more cost-effective than legal proceedings.
Better Relationships: Mediation encourages cooperation and communication between parents.

Exemptions from Attending a MIAM

You may be exempt from attending a MIAM if:

There is evidence of domestic abuse or child protection concerns.
The application is urgent.
You cannot locate the other parent.
You are already involved in other court proceedings concerning your child.

Evidence for Exemptions

Domestic Abuse: Police reports, injunctions, or letters from a GP or support service.
Child Protection: Reports from social services or other child protection agencies.
Urgency: Detailed explanation and evidence of the urgency (e.g., risk of abduction).

Completing the C100 Form

To make an application to the court, you need to complete the C100 form. Here’s how to do it:

Section 1: Applicant’s Details

Fill in your full name, address, and contact details. If you have a solicitor, provide their details too.

Section 2: Respondent’s Details

Provide the full name, address, and contact details of the other parent.

Section 3: Child(ren)’s Details

Include the full name, date of birth, gender, and current living arrangements for each child involved.

Section 4: Details of Your Application

Specify the type of order you are applying for (Child Arrangements Order, Prohibited Steps Order, or Specific Issue Order) and explain your reasons for applying.

Section 5: Safety Concerns

If there are any safety concerns, such as domestic abuse or risk of harm to the child, provide detailed information and evidence.

Section 6: Urgency and Without Notice Applications

If your situation is urgent or you need the court to proceed without notifying the other parent, explain why.

Section 7: Previous Court Proceedings

Detail any previous or ongoing court cases involving the children or the parties.

Section 8: Attending a MIAM

Indicate whether you have attended a MIAM or if you are exempt, and attach the relevant certificate or evidence.

Section 9: Statement of Truth

Read the statement of truth carefully and sign to confirm that the information provided is accurate and truthful.

Detailed Instructions for Each Section

Section 1: Applicant’s Details

1.1-1.5: Full name, address, and contact information. Make sure these details are up-to-date.
1.6-1.9: Solicitor’s details (if applicable). If you do not have legal representation, leave this blank.

Section 2: Respondent’s Details

2.1-2.5: Provide the full name, address, and contact details of the other parent or respondent. If you do not have their current address, provide the last known address and explain why you cannot provide current details.

Section 3: Child(ren)’s Details

3.1-3.7: For each child involved, include their full name, date of birth, gender, and current living arrangements. Be as detailed as possible to give the court a clear picture of the child’s situation.

Section 4: Details of Your Application

4.1: Indicate the type of order you are applying for (tick all relevant boxes).
4.2-4.3: Explain your reasons for applying. Focus on the child’s best interests and provide specific examples to support your case.

Section 5: Safety Concerns

5.1-5.7: If there are safety concerns, such as domestic abuse or risk of harm, provide detailed information and evidence. This may include police reports, medical records, or statements from support services.

Section 6: Urgency and Without Notice Applications

6.1-6.3: Indicate if your application is urgent or if you need the court to proceed without notifying the other parent. Explain the reasons clearly and provide evidence of the urgency.

Section 7: Previous Court Proceedings

7.1-7.3: Detail any previous or ongoing court cases involving the children or the parties. Include case numbers, dates, and outcomes to provide a complete picture of the legal history.

Section 8: Attending a MIAM

8.1-8.5: Indicate whether you have attended a MIAM or if you are exempt. Attach the MIAM certificate or exemption evidence to avoid delays.

Section 9: Statement of Truth

9.1: Read the statement of truth carefully. By signing, you confirm that the information provided is accurate and truthful. Misrepresentation can have serious legal consequences.

Supporting Documents

Attach any supporting documents that may strengthen your application, such as:

Evidence of domestic abuse (e.g., police reports, medical records).
Correspondence related to previous court cases.
MIAM certificate or exemption evidence.

Checklist Before Submission

Double-check all personal details (yours and the respondent’s).
Ensure all child details are accurate.
Verify the type of order and reason for application are clearly stated.
Attach all relevant supporting documents.
Review the statement of truth.

Submission and Fees

Submit your completed C100 form to the family court. This can usually be done in person, by post, or sometimes online. Check with your local court for specific submission instructions. There is a fee for submitting the C100 form, but you might be eligible for help with court fees if you’re on a low income or receiving certain benefits.

Court Fees

Standard Fee: Check the current fee for submitting a C100 form.
Help with Fees: You may be eligible for a fee waiver or reduction if you meet certain criteria. Check the GOV.UK website for eligibility details and the necessary forms.

Methods of Submission

In Person: Take your form to your local family court. This can be helpful if you need to ask any last-minute questions.
By Post: Send your form to the address provided by your local court. Make sure to use a reliable postal service and consider tracking your delivery.
Online: Some courts may offer online submission. Check your local court’s website for more information.

The Court Hearing

After submission, you will receive a notice of the hearing date. Prepare for the hearing by gathering any further evidence and organising your thoughts on the key issues you want to discuss.

Preparation Tips:

Evidence: Bring all relevant documents, including copies of the C100 form and any supporting evidence. Organise them in a logical order for easy reference.
Notes: Prepare notes outlining your main points and any questions you might have. This can help you stay focused during the hearing.
Legal Advice: Consider seeking legal advice or representation to help present your case effectively. Even if you cannot afford a solicitor for the entire process, a consultation before the hearing can be beneficial.

On the Day of the Hearing

Arrive Early: Give yourself plenty of time to get to the court, go through security, and find the right courtroom.
Dress Appropriately: Wear smart, respectful clothing. First impressions can make a difference.
Be Calm and Polite: Address the judge respectfully and remain calm, even if the other party is confrontational.

During the Hearing

Present Your Case Clearly: Stick to the facts and focus on the child’s best interests. Avoid getting sidetracked by irrelevant issues or emotions.
Answer Questions Directly: If the judge or the other party’s solicitor asks questions, answer them honestly and directly.
Take Notes: Write down any important points or questions that arise during the hearing. This can help you remember key details later.

After the Hearing

Court Orders

The court will issue an order based on the hearing’s outcome. This could be:

Interim Order: A temporary order that will be reviewed at a later date.
Final Order: A permanent order that sets out the child arrangements.

Complying with the Order

It is crucial to comply with the court order. Failing to do so can result in legal consequences, including enforcement action by the court.

Appealing the Decision

If you disagree with the court’s decision, you may be able to appeal. However, appeals can be complex and costly, and you will need to demonstrate that there was a legal error in the original decision.

Conclusion

Applying to the family court for child arrangements can be a complex and emotional process. By carefully following this guide and completing the C100 form accurately, you can present a clear and compelling case to the court. Remember, the goal is to support the best interests of your child, and thorough preparation is key to achieving a positive outcome.

Additional Resources

For further assistance, consider the following resources:

Citizens Advice Bureau: Offers free legal advice and support.
Legal Aid: You may be eligible for legal aid if you meet certain criteria.
Family Mediation Council: Provides information on finding a mediator.
Gov.uk: The official government website has detailed guides and forms.

Common Mistakes to Avoid

Incomplete Sections: Ensure every section of the form is filled out, even if you think it’s not relevant.
Incorrect Details: Double-check names, dates of birth, and addresses.
Lack of Evidence: Provide as much supporting documentation as possible.
Ignoring MIAM: Attend a MIAM unless you are exempt and provide proof of attendance.
Missed Deadlines: Submit your form promptly to avoid delays.

By following this comprehensive guide, you will be well-prepared to complete the C100 form accurately and effectively, helping to ensure the best possible outcome for your child arrangements application.

What To Do Now

If you’re considering divorce or separation, family mediation offers a constructive, cost-effective way to resolve disputes without the stress and expense of going to court. By working with a professionally trained mediator, you can reach practical agreements that reflect the needs and interests of everyone involved — especially children.

At We Mediate, we provide a comprehensive range of services to support you through every stage of your separation. Our experienced and accredited mediators help you navigate complex issues such as financial arrangements, child contact schedules, co-parenting strategies, and communication challenges, all in a safe and confidential setting.

We believe every family deserves a fair, respectful, and accessible path through separation. Our focus is on creating balanced outcomes that prioritise the wellbeing of all parties, and our commitment to affordability means we can support families across England and Wales, no matter their circumstances.

Before starting mediation, you will need to attend a MIAM — a Mediation Information and Assessment Meeting. This is a confidential one-to-one session with an accredited family mediator, where you’ll learn more about how mediation works and whether it’s suitable for your situation. We can usually arrange MIAMs quickly, often within 24–48 hours, with daytime and evening appointments available. Book your MIAM today to take the first step towards resolving matters in a more cooperative and less adversarial way.

If you’re ready to explore a more amicable approach to divorce or separation, we invite you to browse our website or contact us directly. Whether you’re just beginning to consider your options or are already in the midst of proceedings, our team is here to guide and support you at every stage. Schedule your consultation today and discover how mediation can help you move forward with clarity and confidence.

You can call us on 0333 567 1676 or click here to send us a confidential email.