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Which Court Form Do I Need?

By: Louise Smith, barrister - Updated: 19 Jul 2017 | comments*Discuss
 
Court Form Children Father Contact

Deciding which court form is needed can be confusing. The courts have wide powers regarding the types of orders that can be made in relation to children and families. There are different court forms which may be needed depending on the type of order that the applicant wants the court to make.

Below are some common scenarios and the type of court forms which may be used.

My Ex-Wife Will Not Let Me See My Children

If children live with one parent and the other parent is not happy with the amount of time that they get to spend with the children that parent may want to apply to the court for a Contact Order. It is always best to try to reach an agreement without having to go to court but, if that is not possible, an application can be made to the court. To apply to the court for a Contact Order form C100 should be used.

I Have a Contact Order but My Ex-Partner is Not Complying with It

If the court has already granted a Contact Order but one of the parents is not complying with it the other parent may apply to the court for an Enforcement Order and / or for an order that the person who has breached the Contact Order provides financial compensation to the other parent. Under an Enforcement Order the parent who has breached the Contact Order may be ordered to carry out unpaid work. Financial compensation may be appropriate if one parent lost or wasted money because the Contact Order was breached. Form C79 should be used when applying for an Enforcement Order or for financial compensation.

I Need a Warning Notice to be Attached to My Contact Order

The courts can only grant an Enforcement Order, or order financial compensation, in respect of a Contact Order if the Contact Order contains a warning notice. This notice tells all parties to the Contact Order what might happen if they do not comply with it. Since 8th December 2008 all Contact Orders have a warning notice attached automatically. If a person wants to apply for an Enforcement Order in respect of a Contact Order made before 8th December 2008 they must first apply to the court for a warning notice to be attached to it – this is done using Form C78.

My Ex-Wife Got an Enforcement Order Against Me and I Want the Court to Cancel It

A person who has had an Enforcement Order made against them may ask the court to cancel it or set it aside if they think it is no longer necessary for it to be in force. To ask the court to cancel or discharge an Enforcement Order form C79 should be used. This form can also be used to ask the court to change the terms of an existing Enforcement Order.

My Ex-Partner has been Abusing or Harming My Children

If specific allegations are made that a family member has been abusing or harming a child or children it may be necessary to complete form C1A.

I Want My Children to Come and Live With Me

It is still common for children to live with their mother when their parents' relationship breaks down. However, there is no law which says that this is what must happen. If a parent wants the court to make an order that the children should live with them they can use form C100 to apply for a Residence Order.

I Want to Apply to Have Parental Responsibility for My Children

Fathers do not automatically have Parental Responsibility for their children. They may not have it if, for example, they were not married to the child's mother when it was born. If the father and mother reach an agreement that the father should have Parental Responsibility the father can apply for a Parental Responsibility Agreement using form C(PRA1). Step-fathers can apply using form C(PRA2). If it is not possible to reach an agreement about Parental Responsibility an application can be made for a Parental Responsibility Order using form C1.

I'm Worried that My Ex-Wife is Going to Take My Children Abroad

There may be cases where one parent is worried that the other parent is going to do something, which may not be harmful in itself. However, it may be something that impacts on the other parent's relationship with the children. For example, the children's mother may have relatives abroad and the father is worried that the children will be taken abroad to live permanently. The court may be asked to make a Prohibited Steps Order using Form C100. If an order is made the parent will be prevented from carrying out the particular act without first getting the court's permission.

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Mans1 - Your Question:
Hi, for the last 3 years I've been separated from wife. I went on and met someone else, which she has never got over. I am allowed to see my 4 yr old daughter, but it's never easy. It's always on my ex's terms and she dictates to me when and where I'm allowed to take her. I was allowed to have her over night , but she has poisoned my daughter into telling me she no longer wants to. Unfortunately it's all spite due to my partner. I'd like to gain proper access to my daughter on a regular basis, this way my ex can't dictate to me when and why I can't have her. Any advice and what forms to use I'd really appreciate.

Our Response:
I am sorry to hear this. Your only recourse would be to suggest mediation to your ex. If your ex refuses or mediation fails then you will then be allowed to apply to court. The form you need, as specified, is a C100 contact order, please see link here . If you have limited finances and cannot afford the court or legal fees through being represented by a solicitor, please see link here and here . See also link here which may apply.
SeparatedDads - 20-Jul-17 @ 1:44 PM
Hi, for the last 3 years I've been separated from wife. I went on and met someone else, which she has never got over. I am allowed to see my 4 yr old daughter, but it's never easy. It's always on my ex's terms and she dictates to me when and where I'm allowed to take her. I was allowed to have her over night , but she has poisoned my daughter into telling me she no longer wants to. Unfortunately it's all spite due to my partner. I'd like to gain proper access to my daughter on a regular basis, this way my ex can't dictate to me when and why I can't have her. Any advice and what forms to use I'd really appreciate.
Mans1 - 19-Jul-17 @ 3:02 PM
philly - Your Question:
My ex hasn't let me see my daughters in almost 4 years she was sleeping with my so called friend behind my back and now they are married with more children (good luck to them) all I want to do is see my kids however I should of known this was coming she has 2 children from before our relationship to 2 other men 1 didn't even know that it was his child for years and the other she tried to stop and had to go threw court to try and stop him from seeing them. the time has come where I have fort threw my depression over my kids and I am in a position to fight for them. when I ask to see my kids she says that charlie is there dad now and he also has a tattoo with my kids names on his leg (is this normal) my daughters call him dad to as they was to young to know any different (1-2) now I am in the position both mentally and financially to fight for them I just need to know where to start. I haven't paid any maintenance for the kids as I don't feel I should if she doesn't let me see them. any advice much welcome

Our Response:
Your only option is in the first instance to request mediation from your ex, and if your ex refuses then you would have to apply to court. The court will not be interested of whether your ex was sleeping with your best friend or whether it is normal your ex's boyfriend has tattoos of them on his leg, it is not interested in your past relationship. The only interest the court has is what it thinks is in your children's best interests and whether as their father you should have the right to access. Most courts do want fathers to have access to their children and they will do all they can to help. However, if access is awarded it may at first be supervised, leading to unsupervised. You would have to be prepared for this, especially if you have been out of their lives for so long. You may wish to join our Separated Dads forum to get more help and advice from dads who have been through the same or similar before.
SeparatedDads - 13-Jul-17 @ 1:00 PM
my ex hasn't let me see my daughters in almost 4 years she was sleeping with my so called friend behind my back and now they are married with more children (good luck to them) all i want to do is see my kids however i should of known this was coming she has 2 children from before our relationship to 2 other men 1 didn't even know that it was his child for years and the other she tried to stop and had to go threw court to try and stop him from seeing them . the time has come where i have fort threw my depression over my kids and i am in a position to fight for them . when i ask to see my kids she says that charlie is there dad now and he also has a tattoo with my kids names on his leg (is this normal) my daughters call him dad to as they was to young to know any different (1-2) now i am in the position both mentally and financially to fight for them i just need to know where to start . i haven't paid any maintenance for the kids as i don't feel i should if she doesn't let me see them . any advice much welcome
philly - 12-Jul-17 @ 12:31 PM
Chan - Your Question:
My current partner has a child with his ex. She isn't letting him have any contact with his daughter. They was not married at all, we was wondering what we have to do for him to be able to start the process to be able to see his daughter? as this is new to the both of us we are unsure on where to start. Many thanks to you all.

Our Response:
Please see link: When Your Ex-Partner Denies You Access, here which will help answer your question.
SeparatedDads - 6-Jul-17 @ 12:10 PM
My current partner has a child with his ex. She isn't letting him have any contact with his daughter. They was not married at all, we was wondering what we have to do for him to be able to start the process to be able to see his daughter? as this is new to the both of us we are unsure on where to start. Many thanks to you all.
Chan - 4-Jul-17 @ 10:09 PM
Ant - Your Question:
My ex has suddenly decided to stop my access to my son. There has never been as issue before but now she either replies with we have plans or doesnt reply at all. She has moved and will not tell me her new address. She will not even allow me to talk with him over the phone. I missed out on seeing or speaking with him on fathers day and dont know whatbto do. I cannot send a letter to her as a matter of course before further action as I do not know her new address. Can anyone advise what I can do?

Our Response:
You would have to apply through the courts via a C100 contact form and also fill in a C4 form which is an application to the court for the disclosure of a child's whereabouts. This will allow the court to put a trace on your son in order to allow you to bring the matter to court to have acess reinstated.
SeparatedDads - 3-Jul-17 @ 3:09 PM
My ex has suddenly decided to stop my access to my son. There has never been as issue before but now she either replies with we have plans or doesnt reply at all. She has moved and will not tell me her new address. She will not even allow me to talk with him over the phone. I missed out on seeing or speaking with him on fathers day and dont know whatbto do. I cannot send a letter to her as a matter of course before further action as I do not know her new address. Can anyone advise what I can do?
Ant - 1-Jul-17 @ 11:53 AM
Mike01642 - Your Question:
My ex who is NOT the mother of my 13yr old daughter keeps contacting her and upsetting her, how can I stop her from doing this and is there any legal route I can pursue in this matter? Any help much appreciated.

Our Response:
It could be construed as harassment, please see link here .
SeparatedDads - 30-Jun-17 @ 3:42 PM
My ex who is NOT the mother of my 13yr old daughter keeps contacting her and upsetting her, how can I stop her from doing this and is there any legal route I can pursue in this matter? Any help much appreciated.
Mike01642 - 24-Jun-17 @ 9:38 PM
Buddy - Your Question:
My ex wife and I share custody/residency for our 11 year old son (55/45 split in her favour, this was sorted in front of a district judge some 3 years ago). Our son has told her that I bully him and she has withdrawn any contact with me, our son has rules and discipline when with me, my wife and young family, however at his mums house he has few rules and often goes home after school to an empty house while she's at work. I was expecting a letter from a solicitor/ court or child protection agency however no such letter has materialised.What should I do? it is my weekend with my son from school tomorrow afternoon and we all want to see him and him to be happy.

Our Response:
If your ex refuses to send your son to you this weekend, then you would have to either try to negotiate access verbally and if your ex refuses suggest trying to sort the matter out via mediation. If your ex refuses, then you would have to apply to court to have the order enforced. However, now your son is aged-11, his opinion will also be taken into consideration with regards to whether he wishes to see you or not. Please be aware the is UK family law, if you live elsewhere in the world this law will differ and therefore you should get some local family law advice.
SeparatedDads - 23-Jun-17 @ 12:28 PM
My ex wife and I share custody/residency for our 11 year old son (55/45 split in her favour, this was sorted in front of a district judge some 3 years ago). Our son has told her that I bully him and she has withdrawn any contact with me, our son has rules and discipline when with me, my wife and young family, however at his mums house he has few rules and often goes home after school to an empty house while she's at work.I was expecting a letter from a solicitor/ court or child protection agency however no such letter has materialised. What should I do? it is my weekend with my son from school tomorrow afternoon and we all want to see him and him to be happy.
Buddy - 22-Jun-17 @ 9:04 PM
So My Ex and I are parents of a beautiful daughter , who is 2 now. my Ex and I , were never married but we were together as a Boyfriend and girlfriend relationship. Eventually, we broke up, and my Ex and i, agreed he will stay with her on the Weekenedds and I take the weekdays! Sometimes he complys, sometimes he doesn't, which is NOT fair because I alwayssss comply, I will never not answer my phone or ditch my daughter to go to a trendy party...how can I establish a court order to ensure he will more likely comply with the routine?!
Kathy - 16-Apr-17 @ 3:57 PM
My wife and I recently separated but not legally. We have four children and they are at the marital home with her but I see them a lot. She is now talking about moving to the other end of the country which means I will rarely see them. What can I do legally to stop this from happening?
Jim - 7-Apr-17 @ 5:12 PM
My husband left a volatile relationship in 2012. His daughter was 11 months at the time. Although it killed him to leave her, it was his only way out. His daughter is 6 this year and he has not seen her once. His ex accused him of some really nasty things and told him that he would never have contact. He made the choice to stay away from her and her bullying family. He has never missed a csa payment and never will. However he now feels that at this age his daughter has her own mind and wants to make contact. His ex is still very very volatile towards him so meditation is definitely a no go. What's steps will he need to take, a contact centre will be the only way forward for now because he has no idea if she even knows that he exists. ?
Littledonna - 7-Apr-17 @ 1:46 PM
The girlfriend - Your Question:
My boyfriend was married, now divorced. He has a 6 year and a 2 year old. The youngest was born after they split up. It was agreed between the 2 of them that he could see his eldest every 2 weeks. He only gets to see his eldest when she agrees sometimes once every 6 weeks because apparently his child is ill. She won't answer her phone or reply to texts. He has to contact her every other week to see if he can see his son, but he will get a text on the day to say the son is ill. Any visitation is dictated by her. My boyfriend has never bonded with the youngest having been only allowed to see him 3 times since he was born. My boyfriend wants to have a relationship with his children but is being denied this. How can he proceed to get the access that he and his children require to build a relationship? I come from a broken home myself and totally understand the damage that is being done here. He pays maintenance and extra for clothes when needed. She is always asking for money although she still lives with her parents. Any help would be really appreciated.

Our Response:
If your boyfriend and his ex cannot resolve this issue by mutual negotiation, in the first instance your boyfriend will have to suggest mediation to his ex, in order to try to resolve the matter without going to court (a court will only consider an application once the parents have either attempted mediation or where one parent has refused to attend). Please see link: Mediation: What is it and is it For Me? here which will explain the process. The link: Checklist: 10 Rules of Negotiating With Your Ex Partner, here may also help. If neither mutual negotiation or mediation work or are ignored, then your boyfriend can apply to court via a C100 form, please see link here. If your boyfriend can afford legal advice, then it may be worth having an initial consultation as a solicitor will be able to fully explore his options. If after this he cannot afford the legal fees to take the matter to court, he can self litigate, see link here. I hope this helps.
SeparatedDads - 3-Apr-17 @ 10:30 AM
My boyfriend was married, now divorced. He has a 6 year and a 2 year old. The youngest was born after they split up. It was agreed between the 2 of them that he could see his eldest every 2 weeks. He only gets to see his eldest when she agrees sometimes once every 6 weeks because apparently his child is ill. She won't answer her phone or reply to texts. He has to contact her every other week to see if he can see his son, but he will get a text on the day to say the son is ill. Any visitation is dictated by her. My boyfriend has never bonded with the youngest having been only allowed to see him 3 times since he was born. My boyfriend wants to have a relationship with his children but is being denied this. How can he proceed to get the access that he and his children require to build a relationship? I come from a broken home myself and totally understand the damage that is being done here. He pays maintenance and extra for clothes when needed. She is always asking for money although she still lives with her parents. Any help would be really appreciated.
The girlfriend - 2-Apr-17 @ 2:00 AM
I'm getting no leaveway soon as I make a simple mistake her new man is on my case with threats both Harrisin me I really hate going to pick him up I really don't want to talk to them esp him nothing to do with my son ....
Da566566 - 28-Feb-17 @ 11:37 PM
my wife kidnabed the kids in 2010 , we was living in alberta , she came to ottawa and she file for custdy and chiled support , she get both because i canot follw up with her , i had english problem befor , from that time to now i canot acces to my kids , even i get court order , she play games her and her lawyer , 7 years i canot see my kids i did alot to see them , but she not let see them , and now i left my albeta and i came her to ottawa , my lawyer canot found her , but always found my money . what is the big shet we are in ?
jumana - 17-Feb-17 @ 1:21 AM
My was about to start taking my son to Mexico to live. That day my son was suppose to return to me butt he father told me by phone call they are going to leave to Mexico already and I won't see my son anymore. Luckily a friend of mine found my son at Walmart so I rushed towards there and grabbed my son and left. I waited outside to calm down because I was extremely shaky. As they got out they had a cart full of blankets and their vehicle full of suitcases. They were going to leave that day. Can I do anything about this??
Betty - 11-Feb-17 @ 4:31 PM
Help for boyfriend- Your Question:
My boyfriends ex won't let him see his daughter at all. They were both trying to arrange mediation, he had arranged her meeting then for some reason she suddenly refused to go. She has no blocked every form of contact so he can't contact her and has said the only way he can gain access to their daughter is through legal action. She knows we can't afford this. Is there any form of financial help available so we can start going through the courts?

Our Response:
I am sorry to hear this. Your boyfriend can self-litigate, please see link here and may be able to get help with court costs if he is on a low income, please see link here. I hope this helps.
SeparatedDads - 6-Feb-17 @ 2:04 PM
My boyfriends ex won't let him see their daughter. They had spent the last few weeks arranging mediation, but then she refused to go to her meeting and doesn't want to do mediation anymore. She has now blocked every form of contact so he can't contact her and she says the only way he will see their daughter is if he goes through the court, which she knows he can't afford. Is there any financial help that he can receive so we can start taking this situation to court?
Help for boyfriend - 4-Feb-17 @ 8:52 AM
My boyfriends ex won't let him see his daughter at all. They were both trying to arrange mediation, he had arranged her meeting then for some reason she suddenly refused to go. She has no blocked every form of contact so he can't contact her and has said the only way he can gain access to their daughter is through legal action. She knows we can't afford this. Is there any form of financial help available so we can start going through the courts?
Help for boyfriend - 4-Feb-17 @ 8:49 AM
Boyfriend help - Your Question:
My boyfriend is not getting to see his daughter as the mother thinks it acceptable to use the child against him. All they ever do is argue to where my boyfriend has had enough of the arguements and blocked every way his ex can contact him. He's been using a lawyer to where every time arrangements were made for contact his ex would come up with another excuse he can't see his daughter. He changed his work rota to accommodate the child for over night stays. His ex has told him as long as me and him are together he will never see his daughter. She also said if he comes to her door she will call the police. So he has now requested with his lawyer that he wants to go through a contact centre. She is refusing this. He pays his CMS money everytime it's due. Can anybody give us some advice on where we go from here? I feel this is a very unfair situation to be put in, but looks like the mother is the one that always seems to win.

Our Response:
Your boyfriend need s to take the matter to the next step; court. Therefore, as specified in the article he should fill out a C100 form. If he cannot afford legal representation in court, he can self-litigate, please see link here.
SeparatedDads - 25-Jan-17 @ 12:31 PM
Clarkie- Your Question:
Ive been having my son every weekend for 4 years and now my ex wants to stop it and do every weekend what can I do about this?

Our Response:
If you have had continual access and your ex has given you no valid reason to make these changes, then please see link: When Your Ex-Partner Denies You Access, here.
SeparatedDads - 25-Jan-17 @ 12:27 PM
My boyfriend is not getting to see his daughter as the mother thinks it acceptable to use the child against him. All they ever do is argue to where my boyfriend has had enough of the arguements and blocked every way his ex can contact him. He's been using a lawyer to where every time arrangements were made for contact his ex would come up with another excuse he can't see his daughter. He changed his work rota to accommodate the child for over night stays. His ex has told him as long as me and him are together he will never see his daughter. She also said if he comes to her door she will call the police. So he has now requested with his lawyer that he wants to go through a contact centre. She is refusing this. He pays his CMS money everytime it's due. Can anybody give us some advice on where we go from here? I feel this is a very unfair situation to be put in, but looks like the mother is the one that always seems to win.
Boyfriend help - 24-Jan-17 @ 7:35 PM
Ive been having my son every weekend for 4 years and now my ex wants to stop it and do every weekend what can i do about this?
Clarkie - 24-Jan-17 @ 6:36 PM
Chazo - Your Question:
I left my ex partner last year in Jan,she was a regular recreational drug user and I had enough.she told me csa was 60 pound a week but at xmas this year she stopped me having my daughter and when I rang csa up they told me it was only 37 pound a wee!,ain't seen her since xmas day.ive recently found a lot of messages from when we separated about her drug taking,she was already known to social services for violence.whats the best thing I can do now as it's hurting a lot now

Our Response:
Please see link here which should tell you all the need to know regarding how to take the matter further. I hope this along with the other Separated Dads articles help to give you the answers you need to pursue access.
SeparatedDads - 23-Jan-17 @ 2:48 PM
I left my ex partner last year in Jan,she was a regular recreational drug user and I had enough.she told me csa was 60 pound a week but at xmas this year she stopped me having my daughter and when I rang csa up they told me it was only 37 pound a wee!,ain't seen her since xmas day.ive recently found a lot of messages from when we separated about her drug taking,she was already known to social services for violence.whats the best thing I can do now as it's hurting a lot now
Chazo - 22-Jan-17 @ 9:31 PM
Andie - Your Question:
My ex husband is special guardian 2 my daughters, there is no communication between us. He's even obstructed me recieving info from school and witheld their dr's details. Would a specific issue order be the right way to go or an enforcement order?? Mediartion wont happen as he's in a different town n wont talk 2 me in any circumstance. Thanks

Our Response:
Unless there is a court order in place allowing you access to see your children or obtain school reports, and your ex has breached that order then an enforcement order is not the correct approach. If you wish to apply for access to your daughters, then you would have to fill in a C100 form. If you wish to determine a particular matter in connection with the exercise of parental responsibility, such as requesting access to the likes of school reports, then you would apply for a specific issue order. I hope this helps.
SeparatedDads - 16-Jan-17 @ 2:41 PM
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