Which Court Form Do I Need?

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.