If you are seeking a child arrangements order (formerly referred to as custody) of your children, you will need to use Children Act form C100 which is readily available from the HM Courts and Tribunal Service website. The order that you will be seeking from the court is a 'child arrangements order'. It is possible to share custody with your ex-partner, although the courts are sometimes unwilling to grant these types of orders on the basis that they generally mean upheaval for the child, in that the child has to live in two homes.
If you're uncertain about which forms are required for your specific custody situation, you can quickly identify what you need using our free Court Form Finder.
A child arrangements order also gives the person with the order 'parental responsibility' for the lifetime of the order, which usually lasts until the child turns 16. If you are in any doubt as to the type of order you should be applying for, seek the advice of a solicitor.
What a Child Arrangements Order Means
A child arrangements order enables a parent to take their child out of the country for a maximum period of one month without having to seek the other parent's consent. If you are seeking to emigrate on a permanent basis with your child, you can only do this with your ex-partner's consent, or by order of the court. Similarly, a child arrangements order does not allow you to change the child's surname without the written consent of your ex-partner. For more details on this, see Specific Issue Orders on this website.
It is worth noting that, if you get a child arrangements order, this does not give you carte blanche to make unilateral decisions in respect of your child's upbringing. Both parents still have Joint Responsibility in determining how your child should be brought up.
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The parent or guardian of a child can apply for a child arrangements order, as can the married step-parent of a child, as long as that child lived with the step-parent as 'a child of the family'. It is also possible for someone who has lived with the child for at least three years to apply.
In making a child arrangements order, the court will consider a number of issues:
- What the child wants, although the court does not have to act on the child's wishes, they must take it into account
- The child's emotional, educational and physical needs
- The likely effect on any change in the child's life
- The child's sex, age and background, as well as anything else that the court deems relevant in respect of the child
- Any harm that the child has suffered or any risk of harm
- The capability of each parent or other person of meeting the child's needs. This includes work commitments of the person applying for the child arrangements order, and whether their routine is conductive to caring for the child.
- The domestic routine of the child up until the present time
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
Other Considerations
If the child's parents are unmarried, the mother has sole parental responsibility until the father gains parental responsibility. This can be done either by agreement or through a court order. If a child is very young, the court generally assumes that the child will be better off with his or her mother unless the contrary can be proven. You should not let this dissuade you, however, all cases in the family court are decided on their own merits and just because you are the father does not mean that you won't get a child arrangements order.
Help Filling Out the Forms
There are numerous resources online that can assist you with filling out the forms to apply for child arrangements orders. The HM Courts and Tribunal Service website publishes guides to assist with The Family Rights Group, which has a step-by-step procedure to help you through the application. There is a lot more information on the Cafcass website and Dad Info, among others.
I have an 8 year old son who currently lives with his mother in wales UK.
Over the recent coronavirus outbreak/ lockdown, my family and I suggested to have my son here with us in Manchester give respite to his mother and also allow her to return to work as I was on furlough. soon after his arrival I was looking through his mobile phone and found a string of messages dating back over a month which were cries for help from my son to a family friend on his mothers side as he had been left vulnerable without food, supervision for entire days at a time while his mother lay in bed unable to wake up. We initially decided to have my son remain with us for an undecided amount of time until his mother could prove she had sought help for what we found was alcohol and prescription drug abuse. Sadly the mother denied having any such issue and very short after filed for a court order requesting the immediate return of my son back in to her care. my son had decided over the few weeks he was with us that he wanted to live with us permanently.Since then I have been told by an ex-partner of hers that he has photo/ video evidence of the extent of the neglect which he will be willing to share if called upon as a witness in court.
I don't have very much money at all so am going to be representing myself as my ex has filed a court order to stop me ever having contact with my son as I refused to let her physically see him for 6 weeks prior to the court order. I also submitted a C100 form during this time which has now been added to the court files which was asking for custody and the reasons behind my request.
I do feel as though I have prepared a good amount of quality-presentable work for the court, however I am in need of recent case studies......and any other advice around going to court, such as what happens in each session, what forms, statements etc i should be preparing. Any advice at all would be greatly received.
cheers guys
Dan
I had a one night stand with a lady some time ago, she had a child which we have done a DNA test and the child is mine.
I am not on the birth certificate.
The mother is a known prostitute who advertises her services online (proof provided) also with a history of mental health.
The child is showing signs of neglect as at 2 years old they are unable to talk or string any sentences together, along with being unable to control their temper or rage with not getting their own way.
What would my stances be on obtaining full custody?
14 months ago, my wife took our children 8 and 9 year old boys, and left the house accusing me of Coercive Control. As she refused to allow me any contact, I had to take this issue through the courts.
We have just concluded the Final Hearing, The judge said that there was no proof or evidence of Coercive control, CafCass stated that I was a suitable parent and they had no issues with the boys being with me (an order was made to share school holiday access including 2 weekly stay with me over summer holidays).
My wife home schools the boys and they are falling behind in their education, I want them to live with me to return to the local schools.
Despite the judge stating that I am an acceptable parent, He awarded residence to my wife, due to the rules of 'maintaining Status Quo'.
What is this rule and is there anything more I can do now ?
Thank you,
Philp
I have a restraining order against the dad which was put into place in December for 5 years which states he can only communicate to my mum regarding access for our daughter.
It is becoming quite difficult with the 50/50 care without being able to discuss things and him wanting every decision to be made equally.
Our daughter has suffered with medical issues which seem to have resolved itself when she is with me but not with dad which again I cannot find out why as we cant communicate.
I would like for my daughter to spend more time with me so I can try and get to the bottom of the issues plus I am pregnant so will be off work and able to spend more time with her rather than her being with Dads family members etc
This I know he will not allow as he wants it 50/50 and says I am not allowed to change this without his consent (even though this agreement is only verbal between ourselves, no court has actioned this).
Am I able to apply for residence so access can be arranged? by no means do I want to stop my daughter seeing her Dad, I just want to understand what the issues are with her?
I was temporarily living with his family because of the house not being suitable and safe for myself and my children and my eldest son was abused by them emotionally and mentally as he is autistic.
Since my youngest was born he hadn't spent much time with him and preferred to work. He is self employed as a private hire taxi driver. He would work from lunch (when he gets up) till early hours in morning. 2 or 3am. He didn't show much interest in his son and would take him to his mother's who I don't get along with and leave him there. I didn't get much choice in that matter because if I refused a arguement would happen and he would take him anyways. My eldest would be left out in the situation as he isn't biologically his.
Due to the abuse my eldest and myself received I have to safe guard my kids. I let him have supervised contact with his son every Monday 10 till 3 as my eldest is at nursery and I need to get back for him.
I had to stop this contact by my health visitor and social services because I was still being abused by him and he was being unreasonable and always threatening me with court if he doesn't get his own way.
He now wants contact with his son unsupervised in which he would take him to his mother's where I will not get him back. His mother and sister will be looking after him as my ex would be going off to work or won't know how to look after my son. When my son starts crying he would take off because he can't handle it.
He wants more contact and overnight stay. He hasn't a clue how to look after him and it would be his mother or sister taking care of him. What should I do?
She moved to Northern Ireland about 6 months ago and I allowed it. I see my child often but sometimes the ferry or flight gets cancelled so she makes me wait to the next week to see him. I see him about a week a month.
I want to put this in a court order to make sure I keep seeing him. Will I have to go to court where they reside in Northern Ireland or will they have to come to court in England as I live here and I am putting the court order in. I am aware they work separately.
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