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Which Court Form Do I Need?

By: Louise Smith, barrister - Updated: 28 Feb 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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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
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
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