When parents separate , organising childcare arrangements is the main priority for many couples. While some parents manage to work this out without professional help, others may face difficulties with their ex-partner or spouse, and might need some legal assistance.  

Child Arrangement Orders – a step by step guide to filing a C100 application

A ‘child arrangements order’ (CAO) is an order made by the Family Courts of England & Wales setting out where a child lives, who they have contact with and how that contact is to take place. There are different types of CAOs setting out different custody arrangements, including ‘live with/spend time with’ orders and ‘shared care’ orders for example.  

If you are struggling to reach an agreement with your ex-partner regarding your child’s living or contact arrangements, you may need to consider a CAO. This blog breaks down the process of how to apply, and when it is appropriate to apply, for such an order within private Children Act proceedings.

Step 1: Contact a Solicitor

Many parents are unsure about their legal rights and responsibilities towards their child. Anyone with ‘Parental Responsibility’ of a particular child has the right to participate in decisions about that child’s upbringing – this includes where the child lives, where they go to school, their medical treatment and much more.

Furthermore, many people are unsure about their rights to see their child, grandchild or other child of the family. The best course of action is to contact a solicitor who can give advice as to what you could expect to achieve based on your individual circumstances. At Switalskis Solicitors, we offer a free half an hour telephone appointment for this very purpose.

Your solicitor may be able to communicate directly with your ex-partner to propose contact arrangements, potentially leading to an agreement without the need for mediation or court involvement. This approach is often the quickest and most cost-effective way to resolve matters.

Step 2: Attempt Mediation

If negotiations with your ex-partner break down, you should consider mediation. You can initiate this yourself or have your solicitor refer you to a trusted mediator. A mediator is an independent professional who will listen to both sides and helps you both to reach an agreement  about your child’s arrangements. They will take a neutral approach, advising on what would be considered the child’s best interests.

Although there will often be fees payable for mediation, some mediators offer a free or discounted service. Mediation can be a much quicker, less contentious and less expensive way of resolving child arrangement disputes than going to court, provided parties are willing to cooperate. The downside however is that any agreement reached at mediation is not legally binding which means your ex-partner could renege on what was agreed.

Mediation may not be suitable in some cases, for example if there has been domestic abuse in the relationship or in urgent situations such as overseas child abduction . Consult your solicitor or a mediator to check whether mediation is necessary or appropriate for you.

Step 3: Apply to court

If mediation is unsuccessful or assessed as unsuitable by the mediator, you can apply to Court for a Child Arrangements Order using Form C100. This form requires details about you, your ex-partner, your child, and the arrangements you seek. There is a court fee of £255 for this application, although fee exemptions or reductions may be available.

In making an application, the Court requires evidence that you have attempted mediation unless there is a reasonable exception (e.g. domestic abuse or urgency). Your mediator will complete the required paperwork for this.

The C100 form can also be used to apply for other types of orders, such as ‘specific issue orders’ (such as deciding which school your child goes to) and ‘prohibited steps order’ (such as preventing a specific event). You should notify your solicitor if you think you may need one of these orders.  

If there has been abuse perpetrated by your ex-partner towards you or your child, or if you have welfare concerns about your ex-partner’s care of your child, your solicitor may also complete a Form C1A which provides the court with further information about the harm you or your child have suffered or may be at risk of suffering.

Step 4: File at Court and Wait for Response

Once the applications have been completed and the court fee paid, the papers are filed at Court and will be placed before a Judge for consideration. The Judge will then make an Order outlining the next steps in your case. This may involve any number of directions, such as: instructing Cafcass (the family court support workers) to become involved, seeking further information or a statement from the parties, or listing the matter for an in-person hearing.

Later in the proceedings, the Judge may consider further directions to help to decide matters in a way that is in the best interests of the children. This will always be the court’s highest priority. By making an application to the court it does not prevent an agreement from being reached by the parties for the judge to consider, and at all times your solicitor will try to reach such an agreement, if this is possible.

Finding a solicitor

Applying for a Child Arrangements Order can be a confusing and oftentimes stressful process, but it does not need to be. The solicitors at Switalskis will be able to help you through this process, ensuring you understand each direction and what to expect next.

Our dedicated family law team are very experienced in dealing with these matters and will treat your case with the utmost care and with dignity and respect to help you achieve the best outcome for your children. We also offer legal aid for those who are eligible.

Reach out to Switalskis today on 0800 138 0458 or visit our website to learn more about how we can assist you during this time.