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Which Court Form Do I Need?

By: Louise Smith, barrister - Updated: 14 Jan 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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[Add a Comment]
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
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
Andie - 14-Jan-17 @ 8:09 PM
ProudDad - Your Question:
I have a mediation agreement with my ex regarding our child and contact arrangements. How do I make this agreement legal and enforceable by the courts as I'm aware that she doesn't have to stick to it if she chooses not too. Can I do it myself without the need for a solicitor? If so what forms do I need to complete?Thank you.

Our Response:
I'm afraid the only way you can have any agreement made official is to apply to court. However, mediation is put in place and overseen and authorised by the courts. This means if your ex renages upon the agreement, then you will have the option to take the matter to court and if there is a record of regular access taking place the court will re-instate it, unless it was considered not in the best interests of your child. Unless your ex refuses to attend mediation, or agree with the proposals only then will you be able to take the matter to court. Once a court order is put in place, then both of you have to adhere to the terms. However, if you take the matter to court, there is no guarantee you will be awarded the access you desire, that is why coming to a mutual agreement through mediation is considered the best option. With regards to your final question, no agreement made through any 'form' will be legally binding.
SeparatedDads - 13-Jan-17 @ 1:37 PM
John - Your Question:
My wife is not taking my daughter to school regularly she always complain that she slept off. What legal action can I take please

Our Response:
In this case, you should explore mediation at first in order to try and resolve the situation if you cannot resolve it between you and your child has a bad school absence record, please see link: Mediation: What is it and is it For Me? here. If your ex refuses to attend, then you may have to seek legal advice in order to explore your options, especially if it is impacting upon your child and you may wish to try to seek extra access in order to take your child to school yourself, or residency of your child as a result.
SeparatedDads - 13-Jan-17 @ 10:55 AM
I have a mediation agreement with my ex regarding our child and contact arrangements. How do I make this agreement legal and enforceable by the courts as I'm aware that she doesn't have to stick to it if she chooses not too. Can I do it myself without the need for a solicitor? If so what forms do I need to complete? Thank you.
ProudDad - 12-Jan-17 @ 9:17 PM
My wife is not taking my daughter to school regularly she always complain that she slept off. What legal action can I take please
John - 12-Jan-17 @ 10:07 AM
My wife is not taking my daughter regularly. She always says she slept off. What legal action can I take
John - 11-Jan-17 @ 1:03 PM
Mai - Your Question:
Can a mother of a child can decide that she is removing the rights of a child father???even if the father of the child is supporting the child eversince.they are not marrried.

Our Response:
No. The mother would have to apply to court to ask for parental responsibility to be removed and it is very rare a court would agree to this. However, if you mean access/contact rights, then if the primary carer (usually the mother) prevents access, the non-resident parent (usually the father) would have to apply for access via mediation in the first instance, or the courts. If the primary carer refuses to attend mediation, then the NRP would have the option to take the matter to court. The court will then make a decision regarding what is in the best interests of the child after taking into consideration both the mother's and fathers side of the disagreement. If a court order is produced as a result, both parents are then under an obligation to adhere strictly to the terms of the order.
SeparatedDads - 9-Jan-17 @ 2:16 PM
Can a mother of a child can decide that she is removing the rights of a child father???even if the father of the child is supporting the child eversince.....they are not marrried...
Mai - 9-Jan-17 @ 2:47 AM
CjX - Your Question:
Hello im looking for advice for my partner.Il try explain the situation as best I can but we really need help!My partner has a 5 year old son with another women, she got married to another bloke when his son around 1 years old.she blocked access then so we went to court, it was agreed that he could see his son every second weekend and alternative birthdays/Christmas.this worked for a little while but gradually contact became less and less, hes lucky if he sees him once a month.his son calls this man dad to.Now she has broken up with the husband my partner was allowed to see him abit more but we have since found out that the son goes and stay at the ex husbands house on weekends but my partner has never been allowed, and he is having him this christmas even though he is not his dad, last week the exhusband threatened to kidnap my partners son (she rang my partner and told him) she still let him take the child on the weekend anyway and he showed up an hour late to drop him back off obviously trying to scare her, my partner had an argument with her as she shouldnt of put child in danger like that as my partner had asked to have the child but he wasnt allowed because the ex husband wanted himSo my questions are.what rights does my partner have in stopping his son from seeing/staying at her ex husbands house (without the mum) ?how does he find out if we have a valid court order stating he can see his son?And if it is valid how does he go about sorting it out that he can see his son on a regular basic like the court agreed in the first place?I would appreciate any advice and I hope ive explained it in a way thats not to confusing, thank you

Our Response:
In the first instance, your partner would have to suggest mediation to his ex in order to try to resolve the matter informally. If she refuses to attend, then he can apply to court for a Specific Issue Order, please see link here. As the mother has parental responsibility it is up to the mother whether she lets her ex see your partner's child, it would be up to your partner to bring this to the attention of the courts if he does not agree (if he has parental authority also). With regards contact, if contact has lapsed and there was a court order in place, at the time when his ex originally stopped contact it would have been up to your partner to take this back to court to have the order enforced, please see link here. Your partner may wish to seek legal advice in order to explore his options.
SeparatedDads - 21-Dec-16 @ 1:50 PM
Hello im looking for advice for my partner.. Il try explain the situation as best i can but we really need help! My partner has a 5 year old son with another women, she got married to another bloke when his son around 1 years old..she blocked access then so we went to court, it was agreed that he could see his son every second weekend and alternative birthdays/Christmas...this worked for a little while but gradually contact became less and less, hes lucky if he sees him once a month..his son calls this man dad to. Now she has broken up with the husband my partner was allowed to see him abit more but we have since found out that the son goes and stay at the ex husbands house on weekends but my partner has never been allowed, and he is having him this christmas even though he is not his dad, last week the exhusband threatened to kidnap my partners son (she rang my partner and told him) she still let him take the child on the weekend anyway and he showed up an hour late to drop him back off obviously trying to scare her, my partner had an argument with her as she shouldnt of put child in danger like that as my partner had asked to have the child but he wasnt allowed because the ex husband wanted him So my questions are...what rights does my partner have in stopping his son from seeing/staying at her ex husbands house (without the mum) ? how does he find out if we have a validcourt order stating he can see his son? And if it is valid how does he go about sorting it out that he can see his son on a regular basic like the court agreed in the first place? I would appreciate any advice and i hope ive explained it in a way thats not to confusing, thank you
CjX - 21-Dec-16 @ 1:54 AM
Sjm - Your Question:
Hi I'm looking for some advice please I've not seen my kids for 4 years as my ex refuses contact she just decided that one day via txt.I turned up at the house to find out what's going on but she threatened me with the police and I know she's making lies up about me I've wrote to my kids but not sure if they got to read it as there mother is very controlling and would read it. All I want to do is see my kids and be part of there lives and see them grow up I only get one chance of that and I'm missing a important part of there lives.I pay my child maintenance every mth without fail.I suffer from severe depression and I've tried sucide on 6 occasions I'm now under the care of the mental health community nurse aswell as a psychotherapist and my gp.any advice would be much appreciated kind regards

Our Response:
I am sorry to hear this. In this instance I can only suggest you seek legal advice in order to explore your options as you have been out of your children's lives for a significant amount of time. Much depends upon how old your children are too - if they are over age 11, then they will have a say regarding whether they wish to see you. If, you cannot afford the hefty legal fees to take the matter to court, you can self-litigate, please see link here . Before you apply to court, you may also wish to suggest mediation to your ex as the court will have expected you to have explored this avenue before it will accept an application, please see link: Mediation: What is it and is it For Me? here. I hope this helps.
SeparatedDads - 1-Dec-16 @ 2:22 PM
Hi I'm looking for some advice please I've not seen my kids for 4 years as my ex refuses contact she just decided that one day via txt ..I turned up at the house to find out what's going on but she threatened me with the police and I know she's making lies up about me I've wrote to my kids but not sure if they got to read it as there mother is very controlling and would read it .. All I want to do is see my kids and be part of there lives and see them grow up I only get one chance of that and I'm missing a important part of there lives ..I pay my child maintenance every mth without fail ..I suffer from severe depression and I've tried sucide on 6 occasions I'm now under the care of the mental health community nurse aswell as a psychotherapist and my gp.any advice would be much appreciated kind regards
Sjm - 1-Dec-16 @ 8:38 AM
My wife has denied me contact with our 2 children aged 10 & 13. She did this by text. I made contact with my son via email and the following day the police paid me a visit to give me a warning,that if I continued to make contact,it could lead to harassment charges. I have not had a court order or any restraining orders ,nor have we been to court. There is no violence or aggression at all. I was unfaithful during our separation and this has been her reaction.I can't afford any legal professional advice . I live in a community of homeless adults in a stipend organisation. How do I regain contact,I don't know what to do.
Ivan - 19-Nov-16 @ 7:49 PM
Loz- Your Question:
My partner has had his 9 year old daughter every weekend since she was a baby. His ex (the mum) has been demanding money from him for a new Ipad for the daughter. Because he said no she won't let him have her until the court says so. What do we do?

Our Response:
Your partner would have to take the matter to court to apply for access officially. Please see link: When Your Ex-Partner Denies You Access, here.
SeparatedDads - 7-Nov-16 @ 11:49 AM
My partner has had his 9 year old daughter every weekend since she was a baby. His ex (the mum) has been demanding money from him for a new Ipad for the daughter. Because he said no she won't let him have her until the court says so. What do we do?
Loz - 6-Nov-16 @ 5:01 PM
Ric - Your Question:
My ex is refusing me from seeing my child, she is also lying to police making false allegations to keep me away from seeing my boy. I am doing everything through the right channels I have mediation booked and all forms c100 etc ready. if she refuses mediation court is 6-8 weeks that means I might not see my son before Xmas is there anything emergency procedures I can do to see my boy quickly ?

Our Response:
I am sorry to hear this. You may be able to apply for an interim contact order, please see link here , meaning while the arrangements are still being worked out for the contact order, an Interim Contact can be prepared until the order is all settled during a full court hearing. I hope this helps.
SeparatedDads - 4-Nov-16 @ 12:20 PM
My ex is refusing me from seeing my child, she is also lying to police making false allegations to keep me away from seeing my boy. I am doing everything through the right channels I have mediation booked and all forms c100 etc ready... if she refuses mediation court is 6-8 weeks that means I might not see my son before Xmas is there anything emergency procedures I can do to see my boy quickly ?
Ric - 3-Nov-16 @ 3:09 PM
Tomo - Your Question:
My brother has two kids for a girl in the south of England and when they separated he had no choice but to return to Ireland due to the financial difficulties he had.In the early stages of the break up she would let him talk to the kids on the phone regular and even let him visit the kids in England. but now she has a new partner and after a few minor rows through text message she has totally stopped her speaking or seen the kids.he hasn't spoken to the kids in on the and she won't return a text even to say the kids are safe.our mother is now bed ridden with a lung disease and we would love her to see her grand kids before she passes away.what can my brother do as he feels he's fighting a loosing battle.thanks very much for any help you can give

Our Response:
The only recourse your brother has is to apply to court via a Specific Issue Order, please see link here. If he cannot afford the hefty legal fees, he can self-litigate, please see link here. I hope this helps.
SeparatedDads - 2-Nov-16 @ 2:40 PM
Hello I'm wanting some advice my partner of 7 years had a baby with someone else on a break we got back together due to us having 3 children his ex let us all meet her daughter at 3 days old after that she's stopped all contact we don't know where she lives or anything my partner isn't on her birth cerifcate due to her refusing to let him go to the registry office it's been 2 years now we have tried to be grown up and ask to go through a contact centre but she's just horrible and won't allow anything what should we do my partner had been to 2 contact centres asking for help but they say he needs to take it to court all we want is something to do with that little girl
Cole - 2-Nov-16 @ 9:46 AM
my brother has two kids for a girl in the south of England and when they separated he had no choice but to return to Ireland due to the financial difficulties he had. In the early stages of the break up she would let him talk to the kids on the phone regular and even let him visit the kids in England. but now she has a new partner and after a few minor rows through text message she has totally stopped her speaking or seen the kids.he hasn't spoken to the kids in on the and she won't return a text even to say the kids are safe..our mother is now bed ridden with a lung disease and we would love her to see her grand kids before she passes away...what can my brother do as he feels he's fighting a loosing battle....thanks very much for any help you can give
Tomo - 1-Nov-16 @ 11:23 PM
bagpuss1321 - Your Question:
Hi I'm looking for advice for my son, his little daughter is nearly 4 weeks old and his girlfriend has upped and left him taking his daughter away saying he will never see her, ringing health visitor and saying he's violent, the health visitor then rings the police on my son, my son has ADHD and an emotional personality disorder, however totally dotes on his little girl, that is when given the chance, the mother is exstremely possessive of the baby always saying with malice she's mine, His name is on the birth certificate so he does have PR, she has severe mood swings and in the last 4 weeks has done this around 5/6 times, I want to help my son have access but do believe until this is done my granddaughter should be in foster care, where I no she will be safe and cared for, then it will be a case of both parents being fully assessed instead of the mother calling all the shots and being vindictive and hurtful to my son, its a very sad that has happened, all I want is for my son to no he will be able to see his daughter, but I no it will have to be done via a professional way

Our Response:
I am sorry to hear this has happened to your son. However, regardless of whether your son's ex is malicious, if his daughter is being well cared for, then there is no reason why the courts would opt to place her in foster care (children are placed in foster care only in exceptional circumstances). If your son has PR, then the mother should have asked for his consent to move out of the area. I can only suggest your son takes legal advice with the view of taking the matter to court to apply for access.
SeparatedDads - 19-Oct-16 @ 2:29 PM
Roma - Your Question:
We divorced! divorce took place without me,come back after 2 months at home, but she living in a different place! on calls and messages does not respond !!how to explain to her that she can not hide from me my children.

Our Response:
If your ex is keeping the children from you and you do not know her address, then as specified in the article, you would have to apply through court for a C100 contact order and a C4 form, which is an application for an order for disclosure of a child's whereabouts. If you do know her address then you would have to apply directly to court if your ex will not respond to your calls. If you have her address, a solicitor's letter may also help in the first instance, which would outline your rights and the options you both have to make arrangements for contact to your children. I hope this helps.
SeparatedDads - 19-Oct-16 @ 9:51 AM
Hi I'm looking for advice for my son, his little daughter is nearly 4 weeks old and his girlfriend has upped and left him taking his daughter away saying he will never see her, ringing health visitor and saying he's violent, the health visitor then rings the police on my son, my son has ADHD and an emotional personality disorder, however totally dotes on his little girl, that is when given the chance, the mother is exstremely possessive of the baby always saying with malice she's mine, His name is on the birth certificate so he does have PR, she has severe mood swings and in the last 4 weeks has done this around 5/6 times, I want to help my son have access but do believe until this is done my granddaughter should be in foster care, where I no she will be safe and cared for, then it will be a case of both parents being fully assessed instead of the mother calling all the shots and being vindictive and hurtful to my son, its a very sad that has happened, all I want is for my son to no he will be able to see his daughter, but I no it will have to be done via a professional way
bagpuss1321 - 19-Oct-16 @ 6:28 AM
We divorced! divorce took place without me,come back after 2 months at home, but she living in a different place! on calls and messages does not respond !!how to explain to her that she can not hide from me my children.
Roma - 18-Oct-16 @ 1:38 AM
Hey could I get some advice on behalf of my bf. He had a son with an ex who is now 1.5 years old. Social services have been involved due to her showing signs of neglect. When my bf was with his recent ex he was seeing his son at his at the time exshome. The mother of his son was never consistent with the contact. My bf has a condition which deems his as disabled and requires someone with him during his contact with his son. At the last social services monthly meeting it was apparent that the mother continues to show signs of neglect. When we asked the social worker why my bf is not being granted access to see his son they responded by saying they didn't not have the staff nor funding to provide him with supervised visits. My bf is aware and accepts that he cannot have his son at his own property as he lives in shared housing. Why are social not granting access so he can see his son at my home? Social are providing the mother chance after chance to improve her care for her son which in some respect she has but when they suggest anything the mother gets irate and starts screaming and shouting the meetings are then ended. My bf has not had contact with his son since January time however it has become apparent that the mother is visiting all of my bfs friends and current ex saying it's important that the exs 2 sons keep a relationship with my bfs son! Why the ex has nothing to do with them.....my bf feels he has been discriminated against and feels that social should be doing more to protect his son. How can we move forward with all this. We are due another meeting to review his sons child in need plan on Monday so wold be grateful for any advice. Also my bf is on disability benefits so is on a very low income. Thanks in advance vicky x
Vicky - 14-Oct-16 @ 1:02 PM
Are daughter is scared of her controlling boyfriend and won't let us see are granddaughter what can we do we are at are wit's end not seeing her
City - 8-Oct-16 @ 10:55 AM
singhsingh - Your Question:
My ex -wife has not allowed me to see our 3 kids since January 2016. I have texted many times and received no response or very little response until I sent a recorded delivery letter and got the following response" I have discussed access arrangements with the kids and have not goitten back to you as they have not given me any consistent response. I spoke to them about getting external support to discuss access arrangements which they declined. Feel free to pursue legal advice, its important to ensure that the kids needs are met. Id appreciate sensitivity as Child 1 is trying hard to do her GSCE revision and cope with school work. and kids 2 and 3 are settling into a new school"I have tried to very open and reasonable but to no avail aprt from the response above.Please can you suggest all my options please. Many thanks SS

Our Response:
In this case it may be advisable to seek mediation in order to try and resolve the situation, please see link: Mediation: What is it and is it For Me? here.
SeparatedDads - 7-Oct-16 @ 10:17 AM
My ex -wife has not allowed me to see our 3 kids since January 2016. I have texted many times and received no response or very little response until I sent a recorded delivery letter and got the following response " I have discussed access arrangements with the kids and have not goitten back to you as they have not given me any consistent response. I spoke to them about getting external support to discuss access arrangements which they declined . Feel free to pursue legal advice, its important to ensure that the kids needs are met . Id appreciate sensitivity as Child 1 is trying hard to do her GSCE revision and cope with school work. and kids 2 and 3 are settling into a new school" I have tried to very open and reasonable but to no avail aprt from the response above. Please can you suggest all my options please.Many thanks SS
singhsingh - 6-Oct-16 @ 1:33 PM
Three weeks ago I came home and the fiancée hugged and left took our beautiful twin girls 200 miles away tried really hard to reconcile she's saying I've cheated and I've hit her which I'd never do. Now she drove off in a car im paying finance on 37 months left of 130 quid I was paying for everything but no she wants csa money as well which I've been paying her via standing order but I told her I can't afford to pay her car insurance and iPad and some of her debts now she's stopped talking to me and her mum is threatening with solicitors they haven't stopped me seeing the girls but just being very difficult and vindictive. Should I see a solicitor and should I be worried I'm a Royal marine so not earning a great amount but I do my best
Nick - 28-Sep-16 @ 8:27 PM
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