Tying up loose ends and Forms C100 and FM1


Today is my last day in the office before four days off and so I have been running around tying up loose ends, trying to make sure that everything I have been working on is completed and isn’t going to hold up a case while I am away.

Whilst tying up loose ends today I got to draft my first C100 Form. A C100 is one of the most common forms used to apply for orders within family proceedings. It is used within children matters when applying for Contact, Residence, Shared Residence, Prohibited Steps, or Specific Issues Orders, so basically any application under s.8 of the Children Act 1989.

A copy of the c100 form will be sent to CAFCASS before proceedings start so that they can conduct their initial safeguarding checks. In order to apply an individual must be the child’s mother, father with parental rights, or legal guardian. If they do not fall under one of these categories they may need to apply to court for permission to apply.

The Court will also need a Form FM1 to accompany the C100. A Form FM1 is a form specifying whether mediation has been attempted and if not why not. The Form FM1 should be complete in accordance to the Pre-Action Protocol annexed to Practice Direction 3A. For more information on the Form FM1 please visit http://www.marilynstowe.co.uk/2012/12/03/government-releases-new-family-mediation-form/ and a Form FM1 can be found at either, http://www.laceysmediation.co.uk/UserFiles/File/fm1-eng.pdf or on the Ministry of Justice Form Finder http://www.justice.gov.uk/forms.

When filling out the C100 ensure that all appropriate sections are completed in order to avoid unnecessary delays in proceedings. Guidance on how to fill out the C100 form can be found at http://www.wikivorce.com/divorce/Forms/Child-Contact-and-Residency/Child-Act-Application-Form-C100.html.

It may assist a case to have a position statement ready to explain why the individual is applying for the particular order. A position statement allows an individual to explain their current position and what they wish to happen in the future. Having a position statement in place and ready to hand in to the court if need can only speed the whole process up, which is always a good thing.

In other news it is now 5 O’clock and I think for the first time in a number of weeks I may finish on time, after all I have a train to catch. See you all on Monday.

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