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Which Court Form Do I Need?

By: Louise Smith, barrister - Updated: 9 Aug 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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Asking for a friend - Your Question:
I've been taking care of my daughter coming up to nearly a year now. from a previous one night stand whom I had know her mother since school.I am not on the birth certificate but she resides with me 24/7 I claim for my daughter she hasn't seen her mother since she told me child 1 was mine and she wasn't in a stable state of mind mentally and physically wasn't able to take care of her. Of course I went and took my daughter. Recently I managed to get hold of her wanting her to sign the form for me to be added on the birth certificate. she refuses and is still off the scales mentally to speak or cooperate.What and how do I go about doing this quickly.

Our Response:
If you claim child benefit and your daughter officially lives with you, then you would have to apply to court as currently you have no rights. You may wish to seek legal advice, as you are in a precarious situation as your ex could take your daughter without your consent. If you are not registered on the birth certificate there is little you can do. However, if you can prove your daughter lives with you and has done for a year, then it is likely the court would grant you residency of your child.
SeparatedDads - 10-Aug-18 @ 12:27 PM
ian - Your Question:
Hi.i have split from my ex partner nearly 10 months ago and we have a 15 month old baby.she stopped me seeing her about a month ago cause my new partner has meet the baby.its been about 2 weeks now since she's let me see her.and last night I dropped the baby back we had an argument and she's saying I'm not going to have contact and to take her to court.ive had abuse of her what can I do please?

Our Response:
I am sorry to hear this. The link here andhere will tell you all you need to know about taking the matter further. If you take the matter to court your ex would have to have a provable reason why your new partner should not be involved in your child's life. 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. Hopefully, if you send a letter or have a solicitor write one outlining your rights (if you have parental responsibility), then access will be reinstated. If not, mediation is the next step. You may also wish to join our Separated Dads forum - as the dads who have been through this before can and will help with guidance and advice.
SeparatedDads - 10-Aug-18 @ 10:24 AM
hi.i have split from my ex partner nearly 10 months ago and we have a 15 month old baby.she stopped me seeing her about a month ago cause my new partner has meet the baby.its been about 2 weeks now since she's let me see her.and last night I dropped the baby back we had an argument and she's saying I'm not going to have contact and to take her to court.ive had abuse of her what can I do please?
ian - 9-Aug-18 @ 7:56 AM
I've been taking care of my daughter coming up to nearly a year now. from a previous one night stand whom I had know her mother since school. I am not on the birth certificate but she resides with me 24/7 I claim for my daughter she hasn't seen her mother since she told me child 1 was mine and she wasn't in a stable state of mind mentally and physically wasn't able to take careof her. Of course I went and took my daughter. Recently I managed to get hold of her wanting her to sign the form for me to be added on the birth certificate.. she refuses and is still off the scales mentally to speak or cooperate . What and how do I go about doing this quickly.
Asking for a friend - 8-Aug-18 @ 10:58 PM
Stumpy - Your Question:
Hi I have a daughter that my ex girlfriend has not let me see for around 10-11 years I have filled in a c100 form about 18 months ago and still not heard back from the courts when I rang they said they'd received it now their saying it's not been received what do I do I know my ex is using drugs but when I spoke to police and child protection they were not bothered that was st.helens Merseyside what can I do now as I can't afford all the court fees and don't know if I'm entitled to legal aid thanks

Our Response:
Firstly, many people use drugs and bring up their children. So, the level of the usage of drugs would have to be harmful towards the child for social services to become involved. If you have not been involved in your daughter's welfare for over a decade then you would have to begin at the beginning by filling in the C100 again. You would not be granted legal aid, as legal aid no longer exists for individuals except in extreme cases (such as domestic violence). If you cannot afford legal representation, you can self-litigate, please see the link here .
SeparatedDads - 6-Aug-18 @ 11:49 AM
Hi I have a daughter that my ex girlfriend has not let me see for around 10-11 years I have filled in a c100 form about 18 months ago and still not heard back from the courts when I rang they said they'd received it now their saying it's not been received what do I do I know my ex is using drugs but when I spoke to police and child protection they were not bothered that was st.helens Merseyside what can I do now as I can't afford all the court fees and don't know if I'm entitled to legal aid thanks
Stumpy - 4-Aug-18 @ 5:08 PM
grand - Your Question:
My sons ex girlfriend has just had a baby girl, we all want to see her but we do not know where she is, all my son got was a phone call to say she was born and don't try find her, has you can imagine we are all heartbroke , what can we do ?

Our Response:
I am sorry to hear this. Your son can apply to court, please see the link here. Alongside this your son can fill in a C4 form, which is an application for an order for disclosure of a child's whereabouts, please see link here. This will allow the courts to put a trace on your son's child in order to allow him to bring the matter to court.
SeparatedDads - 31-Jul-18 @ 12:56 PM
my sons ex girlfriend has just had a baby girl, we all want to see her but we do not know where she is, all my son got was a phone call to say she was born and don't try find her, has you can imagine we are all heartbroke , what can we do ?
grand - 31-Jul-18 @ 4:43 AM
Hi there i have 2 kids that i am not allowed to see thembecause she said i dont pay her enough moneybut i pay her 158 pounds a monthwhat can i do
Birddy - 23-Jul-18 @ 11:44 AM
Armydad - Your Question:
Hi so long story short, me and my sins mum broke up 4 years ago when my son was 1. Contact has always been a struggle although I have parental rights. She always found an excuse to not let me see him. On 2 separate she denied me access for a period of 6 months. Firstly when he was 2 and secondly when he was 4. I missed both Christmas and birthdays on these occasions. Regardless of thus I have still continued to pay maintenance every month and continued to plea with her for contact but she holds all the cards and my hands seem to be tied. Eventually I turned to mediation which she agreed to and we came to a reasonable agreement that was best for our son. I am currently away with the army in deployment for 6 months which I hold my hands up an admit is not fair for our son but it's my job. Having said that I get daily abusive messages about being a dead beat dad, she frequently blocks my number and has only let me speak to him once. I know she is going to stop contact again and I need advise as what to do and who can help. It seems the systems are in place to give the mothers the benefit of the doubt and the protection of the government.

Our Response:
If the mediation agreement breaks down, you can then apply for a court order, please see link here . The court will not make a judgement on you having a job that takes you away. 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.
SeparatedDads - 11-Jun-18 @ 10:20 AM
Hi so long story short, me and my sins mum broke up 4 years ago when my son was 1. Contact has always been a struggle although I have parental rights. She always found an excuse to not let me see him. On 2 separate she denied me access for a period of 6 months. Firstly when he was 2 and secondly when he was 4. I missed both Christmas and birthdays on these occasions. Regardless of thus I have still continued to pay maintenance every month and continued to plea with her for contact but she holds all the cards and my hands seem to be tied. Eventually i turned to mediation which she agreed to and we came to a reasonable agreement that was best for our son. I am currently away with the army in deployment for 6 months which I hold my hands up an admit is not fair for our son but it's my job. Having said that I get daily abusive messages about being a dead beat dad, she frequently blocks my number and has only let me speak to him once. I know she is going to stop contact again and I need advise as what to do and who can help. It seems the systems are in place to give the mothers the benefit of the doubt and the protection of the government.
Armydad - 10-Jun-18 @ 8:30 AM
Jio - Your Question:
My daughter doesn't like living with her mum she feels neglected and she doesn't look after her properly. My daughter wants to live with me and my wife and her little brother is there any court application for that ? Where the child choice to live with it's taken in consideration.

Our Response:
Much depends upon how old your daughter is and whether you can prove that your daughter is neglected. If your daughter is over the age of 13, then she will have an opinion in court. However, 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, regardless of what the child's opinion may be. In this case, you may wish to seek legal advice to see whether you may have a case. It is rare the courts will take a child and hand the child over to the non-resident parent unless absolutely necessary.
SeparatedDads - 25-May-18 @ 3:45 PM
My daughter doesn't like living with her mum she feels neglected and she doesn't look after her properly. My daughter wants to live with me and my wife and her little brother is there any court application for that ? Where the child choice to live with it's taken in consideration.
Jio - 24-May-18 @ 10:10 PM
Simon Cox - Your Question:
@ryanOI think this is probably what is happening. I suspect she is saving all the benefits at her parents so she can buy a house. As I can not afford a solicitor I need to do the court process myself. Would anyone give advice where I can get some help filling in the correct form needed?

Our Response:
If you have problems filling in your form, you may be able to get help from our Separated Dads forum. However, if you have not attempted mediation first a court is unlikely to accept your application (unless you live long distance from your child) please see link here.
SeparatedDads - 29-Mar-18 @ 3:14 PM
@ryanOI think this is probably what is happening. I suspect she is saving all the benefits at her parents so she can buy a house. As I can not afford a solicitor I need to do the court process myself. Would anyone give advice where I can get some help filling in the correct form needed?
Simon - 27-Mar-18 @ 5:41 PM
@Simon - is it because if she gives up her rights as primary carer then she loses all her benefits? There's not much you can do in these circumstances except to apply to court.
RyanO - 26-Mar-18 @ 2:55 PM
My partner split up with me 10 months ago and took my two kids, 3 & 2 and went and moved with her parents, still there. Since the split I have bought her share of house and see the kids on Thursdays all day and the evening. Then dependent on whose weekend it is, the kids will either stay with me or her until Sunday early evening.Currently, both I and my ex both work. During the days over a 2 week cycle we share 50/50 with them either with myself, my ex, or nursery/preschool, however this is just during the days. I went to mediation to move closer towards 50/50 inclusive of days and nights. There was some success with my ex agreeing that I could have them for one additional night once a month, and also holidays can be split 50/50. This to me suggests she is still aiming to be in control and to not fully accept my equal responsibility to care for them as much as herself. I would like other fathers advice who may be in the same position as to whether I should pursue this for 50/50. My thoughts are that we can work together now, so we could also work together if 50/50. I currently have no support nor recognition that I am a main carer for my own kids. I only work 16hrs p/w through choice to see my kids more before they go to school as I am self employed I have this flexibility. The hardship has come through lack of funds as I am to provide everything from scratch for them to try and provide a home here with me. My ex demanded I provide my own everything, clothes, accessories etc.
Simon - 25-Mar-18 @ 6:57 PM
My partner split up with me 10 months ago and took my two kids, 3 & 2 and went and moved with her parents, still there. Since the split I have bought her share of house and see the kids on Thursdays all day and the evening. Then dependent on whose weekend it is, the kids will either stay with me or her until Sunday early evening.Currently, both I and my ex both work. During the days over a 2 week cycle we share 50/50 with them either with myself, my ex, or nursery/preschool, however this is just during the days. I went to mediation to move closer towards 50/50 inclusive of days and nights. There was some success with my ex agreeing that I could have them for one additional night once a month, and also holidays can be split 50/50. This to me suggests she is still aiming to be in control and to not fully accept my equal responsibility to care for them as much as herself. I would like other fathers advice who may be in the same position as to whether I should pursue this for 50/50. My thoughts are that we can work together now, so we could also work together if 50/50. I currently have no support nor recognition that I am a main carer for my own kids. I only work 16hrs p/w through choice to see my kids more before they go to school as I am self employed I have this flexibility. The hardship has come through lack of funds as I am to provide everything from scratch for them to try and provide a home here with me. My ex demanded I provide my own everything, clothes, accessories etc.
Simon - 23-Mar-18 @ 12:58 PM
Rich - Your Question:
Hi,Just looking for advice, I’m recently separated with my daughter living with her mother and a child from a previous relationship. The mother is taking me to the Csa despite our private arrangement but she refuses to take the other child’s father to Csa. is this right and how do I stand?

Our Response:
If your ex is applying for child maintenance via CMS, then this is up to the mother of your child, so CMS will assess you on this basis. Every father is required by law to financially support their child (if they are earning and paying tax via HMRC). The arrangement she comes to with the other father has no relevance to the child maintenance relationship she has with you.
SeparatedDads - 19-Mar-18 @ 11:20 AM
Hi, Just looking for advice, I’m recently separated with my daughter living with her mother and a child from a previous relationship.The mother is taking me to the Csa despite our private arrangement but she refuses to take the other child’s father to Csa .... is this right and how do I stand?
Rich - 18-Mar-18 @ 3:24 PM
Dd - Your Question:
I left my ex wife just over 5 yrs ago and she said that she would never stop me from seeing my children but as soon as I left the marriage due to her having an affair she's never let me see them even if I pass them in the street she pulls them towards her so that they don't say anything to me any advice would be so grateful. She also tried to acuse me of hurting my kids but after the visit to the police station with the cid they said there was evidence of harm

Our Response:
You would have to seek legal advice regarding your options, especially if you have not seen your kids for five years. If your ex refuses to attend mediation to discuss access, then you would have to apply to court, please see link here. You do have rights as a father to apply for access the courts do want fathers to be in their children's lives. In your case, what have you got to lose by pursuing the matter further?
SeparatedDads - 15-Mar-18 @ 12:05 PM
I left my ex wife just over 5 yrs ago and she said that she would never stop me from seeing my children but as soon as I left the marriage due to her having an affair she's never let me see them even if I pass them in the street she pulls them towards her so that they don't say anything to me any advice would be so grateful. She also tried to acuse me of hurting my kids but after the visit to the police station with the cid they said there was evidence of harm
Dd - 14-Mar-18 @ 1:22 PM
I would like to make contact with my daughter who has been adopted out due to a mental women who had anti natal depression she was pregnant with my daughter when she hurt one of her other children from previous. Marriage my daughter has been taken in to care and adoption I have not seen her for since 24.09.2015 and I want to see her via court order can any 1help me please call 07964903943
Kammy - 8-Mar-18 @ 1:26 AM
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
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