The Family Court Library: C100 Application to the Court

application-to-the-court

Family Court Library

General Disclaimer: Nothing presented constitutes legal advice and the McKenzie Friend UK Network is not a legal entity or in anyway claims to be a 'legal resource'. The resource guide is supported by McKenzie Friends and Litigants in person for Litigants in Person in Family Court. McKenzie Friends provide layperson support as an informed friend under the Family Court Practrice Guidance of 2010. All information is published under the spirit of that guidance. For any corrections of the information, please contact the McKenzie Friend UK Network

C100 Application to the Court

Application to court

8.1

Unless one of the MIAM exemptions applies (see rule 3.8 FPR), an application to court for determination of most issues concerning a child (see the definition of 'relevant family application' in rule 3.6 FPR and paragraphs 11 and 12 of PD3A) can be made only after a MIAM has taken place (at which meeting mediation and other forms of non-court dispute resolution will have been considered). One of the exemptions may be that the case is urgent, in which case see 'Urgent and Without Notice Applications' in paragraph 12 below. The grounds for urgency are defined in rule 3.8(c) FPR.

8.2

The application for a child arrangements order or other Children Act 1989 private law order shall be made on the relevant prescribed form.

8.3

For section 8 Children Act 1989 applications, the applicant will be required, on the form C100, to confirm attendance at a MIAM or specify that an exemption applies unless the application is for a consent order, or if the application concerns a child who is the subject of ongoing emergency proceedings, care proceedings or supervision proceedings, or if the child concerned is already the subject of an emergency protection order, care order or supervision order (see paragraphs 11 and 12 of PD3A).

8.4

The relevant part of the form C100 must be completed showing that either –

(1) the applicant has attended a MIAM; or

(2) the applicant has not attended a MIAM and claims one of the exemptions (rule 3.8(1) FPR) - exemptions include (but are not limited to) evidence of domestic violence, child protection concerns, urgency, previous MIAM attendance or exemption; or

(3) an authorised family mediator confirms in the form that he or she is satisfied that –

(a) mediation is not suitable because the respondents is (if more than one respondent, any one of them is) unwilling to attend a MIAM;

(b) mediation is not suitable as a means of resolving the dispute because the respondent (if more than one, any of them) failed without good reason to attend a MIAM; or

8.5

The C100 form may be obtained from the Family Court or from www.gov.uk .

8.6

If the parties have previously prepared a Parenting Plan, this shall be attached to the Form C100.

8.7

If possible at the time of issue, and in any event by no later than one working day after issue, or in courts where applications are first considered on paper by no later than two working days after issue, the court shall send or hand to the Applicant the following –

(i) A copy of the application form C100 (together with the Supplemental Information Form C1A),

(ii) The Notice of Hearing;

(iii) The Acknowledgment Form C7;

(iv) A blank Form C1A, (if required);

(v) Information leaflets for the parties (which must include the CB7 leaflet)

8.8

Unless the applicant requests to do so, or the court directs the applicant to do so, the Court will serve the respondent(s) with –

(i) A copy of the application form C100 (together with Supplemental Information Form C1A, if provided);

(ii) The Notice of Hearing;

(iii) The Acknowledgement Form C7;

(iv) A blank form C1A;

(v) Information leaflet for the parties (which must include the CB7 leaflet).

8.9

The court shall send to Cafcass / CAFCASS Cymru a copy of the Form C100 (and the form C1A, if supplied), and the C6 Notice of Hearing no later than 2 working days after the date of issue. This will be in electronic format where possible.

8.10

The court shall not send to Cafcass / CAFCASS Cymru any other application under the Children Act 1989, or any other private law application, unless the Court has made a specific direction requesting the assistance of Cafcass/CAFCASS Cymru. Therefore, any application which is not in Form C100 or which does not contain a direction to Cafcass/CAFCASS Cymru will be returned to the court at which the application has been issued.

8.11

The respondent(s) must send the Acknowledgement Form C7 and, where applicable, the Supplemental Information Form C1A, to the court within 14 days after receiving the application, unless the court has specified a shorter time.

8.12

On receipt of the Acknowledgement Form C7 and any Form C1A filed by the respondent(s), the court shall send a copy of each form to Cafcass / CAFCASS Cymru, in electronic format where possible, and shall send copies to the applicant.

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Philip Kedge is a retired police Chief Inspector and the founder and director of the McKenzie Friend UK Network. His aim is to remove lawyers from the family court with his own ethical business to reduce conflict and acrimony, to provide training and a cost effective McKenzie Friend national service and to reduce the emotional harm to children as a non-legal entity and informed friend.