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Which Court Form Do I Need?

By: Louise Smith, barrister - Updated: 13 Feb 2018 | 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.

Check out the Separated Dads Forum... It's a great resource where you can ask for advice on topics including Child Access, Maintenance, CAFCASS, Fathers Rights, Court, Behaviour or simply to have a chat with other dads.

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[Add a Comment]
Moomoo - Your Question:
I have been to court with my ex partner for contact with my daughter the contact order has been agreed and now my ex partner doesn’t want to do contact and has requested for my older son (who is a policeman) to do the contact with me , what form do I need to produce to the court to change the contact order? Does anyone know ? Please help!!

Our Response:
If you agree to the change in the court order, you can agree this change between you and your ex. If you don't agree and you wish for your ex to keep to the terms of the court order, then you may wish to ask your solicitor to send your ex a letter reminding her of the terms of the order and the repercussions if she doesn't keep to it. Any changes to a contact order must be agreed by both parties. One party cannot unilaterally decide to change the order or apply additional terms. If they wish to do so, they will need to refer the matter back to the courts. You can see more via the link here .
SeparatedDads - 15-Feb-18 @ 12:37 PM
I have been to court with my ex partner for contact with my daughter the contact order has been agreed and now my ex partner doesn’t want to do contact and has requested for my older son (who is a policeman) to do the contact with me , what form do I need to produce to the court to change the contact order? Does anyone know ? Please help!!
Moomoo - 13-Feb-18 @ 7:21 PM
Jade - Your Question:
My daughter lives with her dad. I have contact every 2weeks friday-sun. He wont let me call her during the. She said she wants to see me and why I dont call.

Our Response:
Any disagreements that you and the father of your child cannot resolve, would have to go through the mediation process, please see link here, before you would be allowed to apply to court.
SeparatedDads - 8-Feb-18 @ 1:43 PM
hey x what you want to shot me downbecause i am right wing .i am a straight male i have values and i do [respect women] gods truth .but a women like who sleeps with uncles brother fathers .how can a distant man respect that ?.and you think you have the upper hand you are a clown a joker .and if your man is a man he would face me ?.but he is like the my uncle and all the other uneducated bogans out there that see your looks and not the real person hiding behind the mask that most women wear .
lolo - 7-Feb-18 @ 7:19 AM
tell you something again .i would feel shame paying for another mans kids what you got two kids to different fathers ok to thats a red flag .you call call me old fashioned but its the truth .and you will come at me and say i am a feminist .you can say that but any distant guy will know you are a friendly girl a good time girl .
lolo - 7-Feb-18 @ 6:56 AM
and see i don't want to sound sexiest .but you said you fell for my uncle words you thats why women are inferior .not all .just you .
lolo - 7-Feb-18 @ 6:39 AM
hey ex i know another guy who talks it up in front of handicap wife i think you know him its my uncle .when he was sleeping you he was kid in candy store .when you left me i went bad and he was trying to impress me saying what he done then wife come along made him look like a joke not a man.all i am saying is bree step daddy a man or just talk it up lets find out I'm at the same address time will tell a guess .in these day an age not many man letf.
lolo - 7-Feb-18 @ 6:36 AM
all i want ex is for you and boyfriend to come to my house like man.
lolo - 7-Feb-18 @ 6:28 AM
hey x is your boyfriend[ bree step daddy] going to make to take my allotted time ?.i am still at the same house .will he defend his family?.is he a real man?our just talk it up in front of you ?.does he feel proud paying for my child ?.does that make him a real man in he's book ?.does in want to come into my world and see who the man see?.ask him ?ha ha
lolo - 7-Feb-18 @ 6:08 AM
my daughter lives with her dad. I have contact every 2weeks friday-sun. He wont let me call her during the. She said she wants to see me and why I dont call.
Jade - 7-Feb-18 @ 1:04 AM
Leigh - Your Question:
Hi I need a little advice if that's ok. I'm not on my daughters birth cirtificate but I've had a legal DNA test carried out but the mother has withheld the final solisotirs signed paper from the birth registration office.I want parental responsibilities & 50/50 shared residence or as close to as I can get. I've tried mediation but the other refused to attend so I am waiting for a form from mediator to use with court application.I have no clue what applications or order I need or I'm what order can any body help where I go from here ? Please leigh x

Our Response:
You can see more via the gov.uk link here, which will tell you all you need to know regarding what order to apply for with regards to access to your child. Unless you have lived with the other parent and had shared-care of your child to date, it is unlikely you would be awarded 50-50 care through court. It is more likely you would be awarded access. If you wish to apply for parental responsibility and to have your name registered on your daughter's birth certificate, please see link here . I hope this helps.
SeparatedDads - 19-Jan-18 @ 2:27 PM
Hi I need a little advice if that's ok. I'm not on my daughters birth cirtificate but I've had a legal DNA test carried out but the mother has withheld the final solisotirs signed paper from the birth registration office. I want parental responsibilities & 50/50 shared residence or as close to as I can get. I've tried mediation but the other refused to attend so I am waiting for a form from mediator to use with court application. I have no clue what applications or order I need or I'm what order can any body help where I go from here ? Please leigh x
Leigh - 18-Jan-18 @ 8:43 PM
Sean - Your Question:
My ex stopped me from seeing our kids just under a year ago, I still pay money weekly into her bank account but she took out a non-molestation order out on me stopping me from attending her address or contacting her and then moved house and changed the kids' school just before it was up. So now I have no address for my c100 or to attempt mediation. What can I do here? I can't afford solicitors costs and intend to represent myself but how do I go about making my application without her correspondence address?

Our Response:
You would have to fill in a C4 form alongside the C100. This is an application for an order for disclosure of a child’s whereabouts. The court doesn't have to reveal the address to you, but it will allow the court to put a trace on your children, so you to bring the matter to court.
SeparatedDads - 9-Jan-18 @ 1:38 PM
My ex stopped me from seeing our kids just under a year ago, I still pay money weekly into her bank account but she took out a non-molestation order out on me stopping me from attending her address or contacting her and then moved house and changed the kids' school just before it was up. So now i have no address for my c100 or to attempt mediation. What can I do here? I can't afford solicitors costs and intend to represent myself but how do i go about making my application without her correspondence address?
Sean - 8-Jan-18 @ 5:49 PM
Jolkol - Your Question:
My estranged wife ran away with my daughter after domestically abusing me in 2013 in which she was given a caution by the police. She vowed that I will never see my child again and claims £481.00 child maintenance each month. She has also refused to allow me have contact or see my child. My child is 6 years now but looks unkept on instagram anytime I sneak to check on her photos on her mum profile.I have been advised by a friend to find her and be part of her life and that she needs me emotional and not only financially. I so willingly and dieing to see my daughter but do no have the financial muscle for solicitors fees as I am currently struggling after the child maintenance fees is taken each month from my account. Please what can I do. Please helppppp!

Our Response:
You have three options; you can contact the mother directly and request access to see your child. If the mother refuses, you can suggest you and the mother agree access via mediation (you may wish to send a solicitor's letter requesting this as this will prove to the court you have requested mediation). If she still refuses, or mediation fails, you can only then apply to court. Only if you are on a low income would you get your court fees reduced, please see link here. However, if you do not have the funds for legal representation you can self-litigate, please see link here, which will save you paying hefty legal fees. Many non-resident parents represent themselves and the courts do want both parents to have a relationship with their children and it will help parents to achieve this where possible. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. If you have not seen your child for many years, it may take time to build up a relationship and so may begin in a contact centre and lead towards unsupervised access after a period of time. You may wish to join our Separated Dads forum, where you will get all the help you need from dads who have been through similar circumstances before. You have nothing to lose by taking this matter forward, but so much to gain. Best of luck.
SeparatedDads - 8-Jan-18 @ 3:27 PM
My estranged wife ran away with my daughter after domestically abusing me in 2013 in which she was given a caution by the police. Shevowed that I will never see my child again and claims £481.00 child maintenance each month. She has also refused to allow me have contact or see my child. My child is 6 years now but looks unkept on instagram anytime I sneak to check on her photos on her mum profile. I have been advised by a friend to find her and be part of her life and that she needs me emotional and not only financially. I so willingly and dieing to see my daughter but do no have the financial muscle for solicitors fees as I am currently struggling after the child maintenance fees is taken each month from my account. Please what can I do. Please helppppp!
Jolkol - 6-Jan-18 @ 12:02 AM
My ex partner has lied about who the father is the other guy in question is not the farther but she claims I'm the dad she keeps changing her mind on DNA and contact Center on many occasion she took an injunction against me through lying she told the courts the child is mine they are unaware of no DNAI haven't seen the child for 18 months now it's heart wrenching as I've tryed every option possible she refuses to mediate she told so many lies I'm confused as to what is true and what to do as I've not the money for courts or solicitors any advise would be appreciated thanks
Dan t - 27-Dec-17 @ 1:25 PM
My other half is trying to get contact to see his son that he has seen in a year. The problem we have is that she has a 2 year restraining order on him so we are unable to contact her. How do we go about getting in contact with his child without the mother being in contact with us personally? Hope you can help
Gemma - 23-Dec-17 @ 12:00 PM
Joe - Your Question:
I have been accused of being "Controlling and Coercive" and am not allowed to contact my ex. The accusations arose after I found that she had been hiding bills and money from our joint account and behaving outrageously online. I was sole provider. After she "fled" the home while I was at work I discovered that there was a possibility that the daughter I had raised and loved for over a year might not be mine. She has gone to the other end of the country and is denying access until after the trial. The case is being heard at the Magistrates in March 2018. I have not seen my "Daughter" since June. No family solicitor is returning my calls and I'm working all the time to keep a roof over me. I'm at my wits end. Does anyone have any advice?

Our Response:
There seems to be several things going on here. If you do not think your daughter may be yours, then you can request a DNA test, please see link here. Have you requested an interim contact order? If the court case is going to take time, an interim contact can be prepared via the courts until the order is all settled during a full court hearing. If you are finding the legal costs of being represented by a solicitor, you can represent yourself, please see link here. If you need additional help and advice, our Separated Dads forum can be very helpful with guidance and advice regarding issues such as this.
SeparatedDads - 8-Dec-17 @ 10:32 AM
I have been accused of being "Controlling and Coercive" and am not allowed to contact my ex. The accusations arose after I found that she had been hiding bills and money from our joint account and behaving outrageously online. I was sole provider. After she "fled" the home while I was at work I discovered that there was a possibility that the daughter I had raised and loved for over a year might not be mine. She has gone to the other end of the country and is denying access until after the trial. The case is being heard at the Magistrates in March 2018. I have not seen my "Daughter" since June. No family solicitor is returning my calls and I'm working all the time to keep a roof over me. I'm at my wits end. Does anyone have any advice?
Joe - 7-Dec-17 @ 10:31 AM
Hi, my partner attacked me and the only way to get her off (teeth buried in my arm) was to hit her unfortunately....I have been charged with assault (court case new year). She's denying me access to see my 11 month old daughter.What rights if any do I have to see her?Breaking my heart....
GMDB - 29-Nov-17 @ 8:47 PM
Lee - Your Question:
I have a 4 year old son with an ex partner, he has my full name in his , my surname and I'm on the birth certificate. I haven't seen my son for 2 years and myself and my family are desperate to see him and for him to be a part of our lives (especially me). I pay £50 a week towards his up keep. None of us (my family) can get in contact with her at all, I've recently found out she no longer lives at her address. I just want to see my son and give him all the love and affection he deserves and what he is entitled to. Please help.

Our Response:
If you can't find your ex, you would have to apply directly to court. If you don't know the address, along with the C100, you can fill in a C4 form, which is an application to disclose the whereabouts of a child. This would allow the courts to put a trace on your ex in order to bring the matter to court. The fact is by doing this, you effectively have nothing to lose, but more to gain. If you cannot afford legal fees from being represented by a solicitor, you can self-litigate, please see link here . You may also wish to join our Separated Dads forum, where you can gain more advice from dads who have been through this before. I will also post your question on our Separated Dads Facebook page, link https://www.facebook.com/SeparatedDads/. Please refer to this page for more answers. I hope this helps.
SeparatedDads - 9-Nov-17 @ 10:41 AM
I have a 4 year old son with an ex partner, he has my full name in his , my surname and I'm on the birth certificate. I haven't seen my son for 2 years and myself and my family are desperate to see him and for him to be a part of our lives (especially me). I pay £50 a week towards his up keep. None of us (my family) can get in contact with her at all, I've recently found out she no longer lives at her address. I just want to see my son and give him all the love and affection he deserves and what he is entitled to. Please help.
Lee - 8-Nov-17 @ 2:31 PM
My ex is refusing to give consent or release our sons passport after I requested to take him on holiday next year. We have shared residency and I want to take him away during a week where the order states that he lives with me and during one of the periods stated in the order that either of us are allowed to take a holiday abroad. I have asked for her consent and his passport verbally and via a written letter and she has refused and says i should take her to court. I have got the C100 form ready but before I file it I was wondering if I need to attend or offer to attend an MIAM? When we went through court earlier this year I attended an MIAM but not within the last four months. My ex refused on grounds of me being unreasonable. I can't see anything in the C100 exemption from MIAM section about holidays and I don't want to spend the money on filing the C100 for it to be sent back for not being filled out properly. Any advice gratefully received.
JustAnotherDad - 18-Oct-17 @ 12:19 AM
John millwall- Your Question:
My ex partner is in process of changing my daughter's name by d poll I have a no contact order but I write once a month and send them cards on there birthday and Christmas I all so have a son my daughter is 9 and my son 15 I do not know if the have changed my son's name I have parental responsibility for my daughter I have rang the court and the have told me that there is no order that's been made by the court what form do I need to apply to reverse it back to my name as I have not consented to this change and a child arrangement order is in place saying that she cannot do so only when my daughter reaches 16 this can be done by herself if she wishes

Our Response:
If your ex wants to change yoru daughter's name by Deed Poll she would have to request your permission (if you are registered as the father on the birth certificate), please see link here.
SeparatedDads - 12-Oct-17 @ 10:18 AM
My ex partner is in process of changing my daughter's name by d poll i have a no contact order but I write once a month and send them cards on there birthday and Christmas i all so have a son my daughter is 9 and my son 15I do not know if the have changed my son's name I have parental responsibility for my daughter I have rang the court and the have told me that there is no order that's been made by the court what form do I need to applyto reverse it back to my name as I have not consented to this change and a child arrangement order is in place saying that she cannot do so only when my daughter reaches 16 this can be done by herselfif she wishes
John millwall - 11-Oct-17 @ 11:11 AM
Lowndsey - Your Question:
I need some advice I've got 3 children and my ex wife won't let me see them I've got parental responsibility but I do pay CSA but she won't let me see my children

Our Response:
Please see link: When Your Ex-Partner Denies You Access, here which should help answer your question regarding what you need to do.
SeparatedDads - 3-Oct-17 @ 2:16 PM
I need some advice I've got 3 children and my ex wife won't let me see them I've got parental responsibilitybut I do pay CSA but she won't let me see my children
Lowndsey - 29-Sep-17 @ 11:21 AM
My partner 90% sure he is the father to a baby he had with someone he briefly had a thing with, he's not on birth certificate and this persons first child has been taken into care so concerns about child and the probability this will happen again as it was not long before she had this child. What can we do?
Ms.D - 26-Aug-17 @ 5:49 PM
E - Your Question:
Hello I am still with the mother of my baby however we don't live together and she makes it hard for me to see my son. I would like to sort it legally so I have set days to see him how would I go about this?

Our Response:
Please see link; When Your Ex-Partner Denies You Access, here which will tell you all you need to know about taking the matter further.
SeparatedDads - 8-Aug-17 @ 12:44 PM
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