Guide to Court 1: 1st Hearing; Court Forms and Statement

Understanding the court process

Most parents would rather sort out arrangements for their children without involving the courts. But when agreement is not possible, making a court application may be the only way forward.

Before you apply, the court will usually expect you to have attended a Mediation Information and Assessment Meeting (MIAM). Exemptions exist for situations involving domestic abuse, child protection concerns, urgency, or where the other parent cannot be contacted. The full list of exemptions is set out in the C100 application form.

Family court applications for child arrangements begin with a First Hearing Dispute Resolution Appointment (FHDRA). This is the standard first hearing in private law children cases. At this hearing, a judge or magistrate will try to help both parties reach agreement. If that is not possible, the case moves to further hearings.

Applications can be made with notice, meaning the other parent receives the paperwork in advance. In urgent situations, you may apply without notice, but the court will only grant this where there is a genuine risk of harm or where delay would cause serious problems. You will need to explain in your application why the matter is urgent and provide supporting evidence where possible.

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Types of orders available

The courts can make several types of order under the Children Act 1989:

• Child arrangements order: covers who a child lives with and when they spend time with each parent
• Prohibited steps order: stops someone taking a specific action, such as removing a child from the country
• Specific issue order: settles a particular dispute, such as which school a child should attend

Many fathers applying to court will be seeking a child arrangements order. This single order replaced the old residence and contact orders in 2014.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

Completing the court forms

The main form for child arrangements is the C100. You can download it from GOV.UK or collect a copy from your local Family Court. The form asks for details about you, the other parent, and your children. It also asks what orders you are seeking and why. The MIAM confirmation section is now included within the C100 itself, so a separate FM1 form is no longer required.

Be factual when filling in the forms and avoid emotional language. The court is interested in facts, not opinions about the other parent's character. Ensure clarity if handwriting forms.

There is a court fee to submit your application. The current fee can be found on GOV.UK. You may be able to apply for help with fees if you are on a low income or receiving certain benefits.

Once you submit your forms, the court will send copies to the other parent along with a date for the first hearing. Cafcass will be notified and a Cafcass officer will contact both parents before the hearing to carry out safeguarding checks. These checks are standard and involve looking at police and local authority records. The Cafcass officer may also speak to you by telephone to gather initial information about your concerns and the child's circumstances.

Writing your statement

You will usually need to prepare a written statement setting out your position. Judges have limited reading time, so a focused and factual account will carry more weight than lengthy complaints.

Structure your statement in a logical order. Start with brief background about your relationship and when you separated. Then explain the current arrangements for the children and what problems have arisen. Finally, set out what you are asking the court to order.

Avoid personal attacks on the other parent. The court's primary concern is the children's welfare, although relevant conduct may be considered where it affects the children. Stick to what matters for the decisions the court needs to make.

Include dates and specific examples where you can. If contact has been refused, note when this happened. If there are concerns about the children's welfare, explain them clearly.

Your statement should be signed with a statement of truth confirming the contents are accurate to the best of your knowledge. Check the court's guidance on format and length, as page limits often apply. The court will set deadlines for when statements must be filed.

If you are representing yourself, consider seeking legal advice before your hearing. Some solicitors offer fixed fee consultations, and you may be eligible for legal aid if your case involves domestic abuse or you are on a low income. Free guidance is available from the Personal Support Unit, which operates in many court buildings, and from Citizens Advice. Law centres and legal clinics run by some universities also offer support. GOV.UK provides guidance specifically for litigants in person in family proceedings.

The Next Step

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