child arrangements — Peterborough

Applying for a child arrangements order (C100)

There is very useful guide to the process that has been produced by the courts themselves and which you can find by following this link - https://helpwithchildarrangements.service.justice.gov.uk/going-to-court - but the main points are covered below.

You may also find the booklet produced by Advice Now is helpful as it covers lots of things that you need to think about when you are breaking up with a partner and children are involved - https://www.advicenow.org.uk/guides/survival-guide-sorting-out-arrangements-your-children.

It is usually a good idea to get as much information about your rights and your options before you make any decisions about going to court and so you might like to speak to a solicitor (for a list of local family solicitors, here) or you can make an appointment for half an hour of free advice and information at the ARU Law Clinic (click here). If you decide that you want to pay to speak to a solicitor, bear in mind that they will all charge slightly different hourly rates and it might be worth you ringing round a few to find a price you are comfortable with.

The ARU Law Clinic also has teams of trained students who can guide you through the form. This service is by appointment only so you need to call 01223 698498 or email lawclinic@aru.ac.uk to make an appointment.

If you decide that you can probably only sort out the issues relating to a child or children through the court, you will need to follow these steps:

Who can apply

If you are the child or children’s mother or father, you are automatically entitled to apply for a child arrangements order.

You are also entitled to apply if you are:

· The step-parent and you have treated the child as your child (a step-parent is someone who is married or the civil partner of the child’s other parent or who has parental responsibility)

· Grandparents will generally need the court’s permission to apply unless the child has already lived with them for at least 3 years.

Is my case urgent?

Everyone thinks that their case is urgent and should be dealt with as quickly as possible because arrangements about the children are, obviously, very important.

However, as far as the courts are concerned only a very few cases really are urgent and these will be where there is a risk to the life, liberty or physical safety of you or your family, a risk to your home, or if any delay would cause any of the following:

· A risk of harm to your child

· A risk your child might be taken out of the UK unlawfully

· A significant risk of a miscarriage of justice

· Unreasonable hardship to you

· Problems in dealing with the dispute that could not be fixed later (there may be evidence that could be lost, for example).

In most cases, the court will want to hear from both sides at the hearing before making any decision. If you can show that your case is urgent, the court may make an order without first telling the other side or giving them a chance to have their say. This is called ‘without notice’.

Before you make an application to the court

Before sending your application form, C100, to the court you need to have tried to sort things out and have come to an agreement with the other person or people by attending mediation for a Mediation Information and Assessment Meeting, known as a MIAM.

This meeting is likely to cost around £100 but you may be able to get help with these costs through Legal Aid. You would need to speak to the mediator about this. You need to prove to the court that you have done this by providing them with a MIAM certificate which you can get from the mediator who has tried to help you sort things out (for a list of such mediators, click here).

Do I have to get a MIAM certificate?

In certain situations, you do not need to get a MIAM certificate and these ‘exemptions’ include things like

· You have suffered domestic abuse and violence

· The application is urgent

· There are child protection concerns.

Making an application to the court

Once you have either got the MIAM certificate or you have decided that you don’t need one (you are ‘exempt’), you can then apply to the court to help sort out the arrangements relating to the child or children – this is done on form C100.

To fill in the form online (takes around 45 minutes) or, if you prefer, you can download and print the form and fill it in that way: www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge.

Once you have completed the printed version of the C100, you have two choices:

1. You can post send 3 copies of the completed form to the court centre in Peterborough to be processed along with a cheque for the application fee of £232. The address is:

Peterborough Combined Court

Crown Buildings

Rivergate

Peterborough

PE1 1EJ.

1. OR you can take 3 copies to Peterborough Combined Courts and Family Hearing Centre in person and you can pay the application fee of £232 in cash, by card or by cheque.

If you’re on a low income, or if you’re on certain benefits and do not have much in savings, you might be able to get money off your court fee or you may not have to pay it at all. You will need to apply for a ‘fee exemption’ on form EX160 which you can download here: www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees.

What happens next?

You will receive a letter from the court (Notice of Hearing) telling you when to come to court for your case to be heard. Check the date and time and, importantly WHERE the hearing will take place. The letter will probably have a heading mentioning Peterborough Court but DO CHECK further down as this may not be the location of your hearing.

There may also be ‘Directions on Issue’ which are instructions given at the beginning of the case telling you what to do and when.

If you are not the one applying for the child arrangements order but you are on the other side, you will also receive a C7 ‘Acknowledgement’ form which you must fill in and send back to the court to let them know that you have seen this application about the children.

The person who makes the application to the court is called the APPLICANT and the person on the other side is called the RESPONDENT.

The Court will also send a copy of the application to CAFCASS. A CAFCASS Officer will then check with the police and the local authority to see if they have any worries about the children and will also speak to both parents separately on the phone.

It may take a couple of weeks for you to hear back from the court. Your hearing date will usually be set for around 6 weeks after you first made your application.