Guidance

Making an application: children and the family courts

Updated 29 April 2024

Family dispute resolution

We know that long term conflict between separating parents is harmful to children’s wellbeing, both in the short and long term. Resolving your family arrangements outside of court can be a better experience for families than going through the family courts, because: 

• you will have more control over what happens 
• it is usually less stressful 
• it can be cheaper
• it can be quicker and less upsetting for you and your children

Before submitting your application to court, you legally have to attend a Mediation Information and Assessment Meeting (MIAM) with an authorised family mediator.

The MIAM does not take long. The mediator will help you and the other person to try to reach an agreement on issues, such as:

• arrangements for children
• financial arrangements
• dividing up property without having to go to court

There are lots of options for non-court dispute resolution, such as:

• mediation arbitration
• evaluation by a neutral third party (such as a private financial dispute resolution process)
• collaborative law

Depending on your personal circumstances, you may need to pay for the meeting. Successful mediation can reduce costs for you in the long term. You can find out more about MIAM and how to arrange one.

You may be able to get help with the cost of mediation.

In some circumstances, such as where domestic abuse is involved, you may not need to attend a MIAM. If you think that you do not need to attend a MIAM, you can claim an exemption. You can find out more about the valid reasons not to attend a MIAM.

For some MIAM exemptions, you must give evidence to support your claim. Any evidence must be provided with your application. The court will review the evidence so that a MIAM exemption has been claimed correctly.

Parenting plans: putting children first – a guide for separating parents

‘Parenting Plans: Putting children first - a guide for separating parents’ is a free booklet designed to help parents reach agreement about arrangements for their children following separation or divorce.

You can download a copy of the parenting plan booklet, or you can get a copy from your local family court. You can get a Welsh version from any Cafcass Cymru office or any Welsh court.

The booklet looks at issues you may need to consider in making arrangements for your children, and includes practical examples of how other parents in a variety of family structures and circumstances have solved problems. It also provides a list of organisations that can give further advice and help.

The court makes most decisions about children using a law, called the Children Act 1989. If you want the court to make a decision about a child, you need to apply to the court for an ‘order’. An order will be made when either the judge, legal advisor or panel of magistrates makes a decision.

How the court can help you

Some of the orders you may want to apply for are described in this section. These are just some of the decisions a court can make under the Children Act 1989.

Child arrangements order

A child arrangements order decides the arrangements for whom a child is to live with, spend time with or otherwise have contact with and where a child is to live, spend time or otherwise have contact with any person.

For example, if your child lives with your ex-partner and you want to see your child at weekends, or you cannot agree which parent the child is to live with, you might want to apply for a child arrangements order.

Specific issue order

These orders give instructions about a specific issue that has arisen about an action normally done by a parent.

For example, if you and your ex-partner cannot agree which school to send your child to.

Prohibited steps order

These orders mean a person must have the court’s permission before doing something set out in the order that would normally be done by a parent.

For example, if a parent needs the court’s permission before taking the child to a foreign country.

Parental responsibility order

Parental responsibility means all the rights, duties, powers, responsibility and authority which by law a parent of a child has in relation to the child and his property.

For example, if you are the father of a child but you were not married to the child’s mother and were not named on the birth certificate when the child’s birth was registered, but you want to be recognised legally as the child’s father, you may apply for a parental responsibility order.

Financial provision

Child maintenance is regular, reliable financial support that helps towards a child’s everyday living costs.

Child maintenance can make a real difference to children’s lives and can help pay for things like clothing, food and other essentials.

Many parents choose to work together to set up a child maintenance arrangement. These family-based arrangements can include other things and do not have to be just about paying money. If an arrangement is not possible there are other options.

You can find out more about child maintenance options and how to set up an arrangement.

Appointment of a guardian

A guardian appointed under this section will generally take over parental responsibility for the child after the death of a parent.

For example, if your niece or nephew has lost both their parents you might apply to be a guardian.

Special guardianship

The special guardian of a child can take most decisions about the child until the child is aged 18 years. Unlike adoption, the child will keep their ties to their birth family.

You can find out more about special guardianship.

Order related to enforcement of a child arrangements order

If you were involved in proceedings where a child arrangements order was made, and the order is not being kept to, you might be able to apply to the court to have that order enforced.

Find out how to enforce a child arrangements order.

Adoption

You can find out how to apply for child adoption.

You can find out more about adoption.

What a court might decide

A court will only make an order if it thinks that would be best for the child. Sometimes a court may decide that it would be best not to make any order.

A court might:

• make an order
• change an order (called varying the order)
• end an order (called discharging the order)

If the court makes an order it will be based on what is best for your child. This might mean that you, or the other person, will not get exactly what you have asked for.

Once a case has started a court may make other decisions. These include:

• giving instructions that people must follow (these are called ‘directions’)
• transferring a case to another court

The law

You do not need to know the law to apply but if you want to read more about the law you need a copy of the:

• Children Act 1989
• Family Procedure Rules

The accompanying practice directions are available on the internet or from your local court, or they may be available at your local library.

Permission to apply

Some people have the right to apply for an order, and some people must first get the permission of the court to make an application.

You have the right to apply without getting permission from the court if you are one of the people listed in the who can apply section.

You may want to consider whether you need to have parental responsibility in order to make an application. You can read more in the parental responsibility section.

If you do not have the right to make an application you may still be able to apply, but you must first get the court’s permission. You can find out which form to use to get permission in the forms and guidance section.

The child

If you are the child and the order you want to apply for is about you (for example, your contact with a parent), you must get the court’s permission before you apply for the following orders:

• child arrangements order (including to vary or discharge an existing order)
• specific issue order (including to vary or discharge an existing order)
• prohibited steps order (including to vary or discharge an existing order)
• discharge of the appointment of a guardian
• discharge of a parental responsibility order or agreement

Children and young people

If you are a young person in England whose family is changing, you can find out more about the Children and Family Court Advisory Support Service.

If you are a young person in Wales whose family is changing, you can find out more about the Welsh Children and Family Court Advisory Support Service.

The parties in a case

The parties to a case are those involved in the court proceedings and may include:

• everyone who has the right to apply for an order – see the who can apply section
• people with parental responsibility – see the parental responsibility section
• anyone who the court has made a ‘party’ to the case

If someone else has applied for an order you may not be a party to that case, but you may apply ‘to be joined as a party’ to it. To find out which form to use, see the forms and guidance section.

Who can apply

You can find out more about enforcing a child arrangements order.

You can find out more about applying for an adoption order

Find out more about how to apply for a special guardianship order.

An application to have an existing order changed is called an application to vary the order.

An application to have an existing order brought to an end is called an application to discharge the order.

The child’s mother

If you are the child’s mother you can apply for the following orders:

• child arrangements order (including to vary or discharge an existing order)

• specific issue order (including to vary or discharge an existing order)

• prohibited steps order (including to vary or discharge an existing order)
• financial provision (including to vary or discharge an existing order)
• discharge of a parental responsibility order

The child’s father or parent

If you are the child’s father or parent under section 42 or 43 of the Human Fertilisation and Embryology Act 2008 you can apply for the following orders:

• child arrangements order (including to vary or discharge an existing order)

• specific issue order (including to vary or discharge an existing order)

• prohibited steps order (including to vary or discharge an existing order)
• financial provision (including to vary or discharge an existing order

Also, if you are the child’s father or parent under section 42 or 43 of the Human Fertilisation and Embryology Act 2008 and you have parental responsibility, you can apply for either:

• discharge of the appointment of a guardian
• discharge of a parental responsibility order or agreement

If you are the child’s father or parent under section 42 or 43 of the Human Fertilisation and Embryology Act 2008 and you do not have parental responsibility, you can apply for either:

• appointment of yourself as a guardian if the child has no parent with parental responsibility
• a parental responsibility order

The child’s step parent

You are a step-parent if you are not the child’s parent but are married to, or a civil partner of, a parent of the child who has parental responsibility for that child and you have treated the child as your child.

If you are the child’s step-parent you can apply for a child arrangements order (including to vary or discharge an existing order).

Also, if you are the child’s step-parent and you have parental responsibility, you can also apply for:

• a specific issue order (including to vary or discharge an existing order)
• a prohibited steps order (including to vary or discharge an existing order)
• discharge of a parental responsibility order, if it is your parental responsibility you want to discharge
• discharge of a parental responsibility order of an unmarried father
• discharge of the appointment of a guardian

If you are the child’s step-parent and do not have parental responsibility you may also apply for:

• appointment of yourself as a guardian, if the child has no parent with parental responsibility
• a parental responsibility order

The child’s grandparent

If you are the child’s grandparent you can apply for an appointment of a guardian order.

The child’s guardian

If you have been appointed as the child’s guardian you can apply for the following orders:

• child arrangements order (including to vary or discharge an existing order)
• specific issue order (including to vary or discharge an existing order)
• prohibited steps order (including to vary or discharge an existing order)
• financial provision (including to vary or discharge an existing order)

People with a child arrangements order

If you have a child arrangements order that is in force you can apply for the following orders:

• child arrangements order (including to vary or discharge an existing order)

• specific issue order (including to vary or discharge an existing order)

• prohibited steps order (including to vary or discharge an existing order)

• financial provision (including to vary or discharge an existing order)

• discharge of the appointment of a guardian

• discharge of a parental responsibility order

If you do not have the right to make an application you may still be able to apply, but you must first get the court’s permission.

Other people

If you are not a parent or guardian you may still be able to apply for an order.

If you have an interest in the child’s welfare you can applying for an appointment of a guardian order.

If the child has been living with you for at least 3 years during the last 5 years and within the last 3 months you can apply for a child arrangements order (including to vary or discharge an existing order).

If the local authority caring for the child has agreed that you may apply for an order, you can apply for a child arrangements order (including to vary or discharge an existing order).

If you are married or in a civil partnership, or have been married or in a civil partnership and the child is or was regarded as a child of the family, you can apply for a child arrangements order (including to vary or discharge an existing order).

If you have the permission of everyone who has parental responsibility for the child and there is no child arrangements order in force and the child is not in the care of the local authority, you can apply for a child arrangements order (including to vary or discharge an existing order).

If you have the permission of everyone who has a child arrangements order for the child, you can apply for a child arrangements order (including to vary or discharge an existing order).

Parental responsibility

If you have parental responsibility you have all the duties, rights and authority which, by law, a mother or father has for their child. This is described in full in the Children Act 1989.

A child’s mother always has parental responsibility for the child. However, sometimes a child’s father or other parent does not have parental responsibility.

You have parental responsibility if you have, since 1 September 2009, been registered as the child’s parent under section 10A(1B) of the Births and Deaths Registration Act 1953.

The following will help you decide if you have parental responsibility. It shows that sometimes a person who is not a parent may have parental responsibility.

You have parental responsibility if any of the following applies:

• you are the child’s mother
• you are the child’s father and you were married to the child’s mother when the child was born
• you are the child’s parent under section 42 of the Human Fertilisation and Embryology Act 2008 as you were the mother’s civil partner, or married to the mother, when the child was born
• you are the child’s step-parent (married to or a civil partner of a parent with parental responsibility) and you have made a parental responsibility agreement with the child’s mother (and father if he also has parental responsibility) or you have a parental responsibility order
• you hold a child arrangements order for the child
• you hold an emergency protection order for the child
• you are the child’s guardian
• you have adopted the child
• you are the child’s special guardian
• you are the child’s father and you were not married to the child’s mother when the child was born but you now have a parental responsibility order, or any of the following applies
• you have made a parental responsibility agreement with the child’s mother
• you have since married or entered into a civil partnership with the child’s mother
• you are the child’s parent under section 43 of the Human Fertilisation and Embryology Act 2008 and you have since entered into a civil partnership or marriage with the child’s mother
• you have, since 1 December 2003, been registered as the child’s father under paragraphs (a), (b) or (c) of sections 10(1) or 10A of the Births and Deaths Registration Act 1953 or the corresponding law in Scotland or Northern Ireland
• you are the child’s parent under section 43 of the Human Fertilisation and Embryology Act 2008 and you have, since 1 September 2009, been registered as the child’s parent under paragraphs (a), (b) or (c) of section 10A (1B) of the Birth and Deaths Registration Act 1953

If you or the child (or both of you) has links with Scotland or Northern Ireland you should contact the authorities there for more information on parental rights.

If none of the above applies but you or the child (or both of you) has links to a country outside the UK you may have parental responsibility rights in that country. You should contact the authorities for the relevant country to find out if this affects you.

Parental responsibility agreement

A parental responsibility agreement is a legal document in which a child’s mother and father agree that the father has parental responsibility for the child, or in which a child’s mother and father (if he already has parental responsibility) agree that the child’s step-parent has parental responsibility for the child. A step-parent is someone who is not a parent but is married to or the civil partner of one of the parents with parental responsibility.

You must make a parental responsibility agreement on form C (PRA1) for a father, form C (PRA2) for a step-parent or form C (PRA3) for a second female parent under section 42A of the Children Act 1989. Each of these forms comes with notes that will tell you more about how to make a parental responsibility agreement.

You can find the forms you need to complete, or collect them from any family court office.

Forms and guidance

You can access all forms online, or you can get them from a family court office.

If you are applying for an order related to enforcing an existing child arrangements order, you can find out more about enforcing a child arrangements order.

If you are applying for a special guardianship order, you can find out more about special guardianship.

You must complete form C100 if you are applying for a:

• child arrangements order
• prohibited steps order
• specific issue order

You must complete form C1 if you are applying for a:

• appointment of a guardian order
• discharge of appointment of a guardian order
• parental responsibility order (section 4)
• step-parental responsibility order (section 4A)
• discharge of a parental or step-parental responsibility order

You must complete form C2 if you are applying:

• for an order in existing proceedings
• to be joined as a party in existing proceedings (for example if you have received a C6A notice of proceedings)

If you would like to apply for an order that has not been mentioned, you may want to get advice from a solicitor or citizens advice.

Tell the respondents and other people about your application

Later, depending on the application form you need to use, you will have to tell people that you have made an application. These people are referred to as the respondents. These might include:

• the child’s parents
• someone who is looking after the child
• other people named on the application

Telling people about your application and providing a copy of your application form to the respondents is called ‘service’.

If you are making a form C100 application the court will give the respondents a copy of your application form. However, if you are making an application on form C1 or C2, you will need to give the respondents a copy of your application form and other documents provided by the court. This will give them the opportunity to send in their own form in response to your application.

If you are applying for more than one order you may have different respondents or other people you have to tell for each order using form C1 or C2.

If a respondent is aged 18 and under and does not have a solicitor, you need the court’s permission to tell them about your application.

Sometimes there will be no one for you to tell about your application. Regardless of the application form you use, a person named as an ‘other party’ must be told about your application but you do not need to give them a copy of the application form.

When to tell people about your application

The court will tell you later when and how to tell the respondents (if you have made an application using form C1 or C2) and other people (whichever application form you have used).

Telling people about your application and providing a copy of your application form to the respondents is called ‘service’. You can find out how to serve court forms.

Who the respondents are

In any application, if the child is the subject of a care order the respondents will include every person you believe to have had parental responsibility immediately before the care order was made.

The respondents are everyone you believe has parental responsibility for the child if you apply for:

• a child arrangements order
• a specific issue order
• a prohibited steps order
• a parental responsibility order
• the appointment of a guardian

The respondents are everyone you believe has parental responsibility for the child, and the parties in the application for the order to be varied or discharged if you apply to vary or discharge a:

• child arrangements order
• specific issue order
• prohibited steps order

If you apply to vary or discharge an order for financial provision, the respondents are:

• everyone you believe has parental responsibility for the child
• the parties in the application for financial provision

If you apply to vary or discharge a parental responsibility order, the respondents are:

• everyone you believe has parental responsibility for the child
• the parties in the application for the parental responsibility order

The other people you must tell

If you apply for, or apply to vary or discharge a child arrangements order, specific order or prohibited steps order you must tell:

• the social services department of the local authority if the child is in local authority accommodation – this might be a children’s home or with foster carers who could be related to the child
• everyone who is caring for the child
• the person who provides the home in which the child is staying if the home is a registered children’s home or a voluntary home, and it is a refuge
• everyone who you believe is named in a court order that concerns the child and is in force (unless you believe that order is not relevant to your application), and everyone you think applies to your application
• every person you believe to be a party in court proceedings which are taking place now, unless you believe those proceedings are not relevant to your application

If you apply for a parental responsibility order, the other people you must tell are:

• the social services department of the local authority, if the child is in local authority accommodation
• the person who provides the home if the child is staying in a home that is a registered children’s home or a voluntary home, and it is a refuge
• everyone who is caring for the child

If you apply for the appointment of a guardian, the other people you must tell are:

• the social services department of the local authority if the child is in local authority accommodation
• the person who provides the home if the child is staying in a home that is a registered children’s home or a voluntary home, and it is a refuge
• everyone who is caring for the child
• the child’s father if he does not have parental responsibility for the child

If you apply for financial provision, the other people you must tell are:

• the social services department of the local authority if the child is in local authority accommodation
• the person who provides the home if the child is staying in a home that is a registered children’s home or a voluntary home, and it is a refuge
• everyone who is caring for the child

If you apply to vary or discharge an order for financial provision, the other people you must tell are:

• the social services department of the local authority if the child is in local authority accommodation
• the person who provides the home if the child is staying in a home that is a registered children’s home or a voluntary home, and it is a refuge
• everyone who is caring for the child

If you apply to vary or discharge a guardian, the other people you must tell are:

• the social services department of the local authority if the child is in local authority accommodation
• the person who provides the home if the child is staying in a home that is a registered children’s home or a voluntary home, and it is a refuge
• everyone who is caring for the child

If you apply to vary or discharge a parental responsibility order, the other people you must tell are:

• the social services department of the local authority if the child is in local authority accommodation
• the person who provides the home if the child is staying in a home that is a registered children’s home or a voluntary home, and it is a refuge
• everyone who is caring for the child

The information you must provide

Completing form C100

It is very important that you fill in form C100 carefully. You must provide full details about yourself and the respondents or your case will be delayed while we ask for the information. Cafcass and Cafcass Cymru need this information to help protect the welfare of the children. Both applicants (if there is more than one) have to sign the application form.

Address (including keeping your address secret)

We need your address to contact you. We will also give your address to other parties (the other people involved) so that they can give you a copy of their response to your application.

If you do not want someone to know your (or the child’s) address, phone number or email address, you do not have to put it on the application form. However, you will still have to give your contact details to the court, and there is a special form for you to do this. You should complete form C8 with your application. You can also get a copy of form C8 from any family court office.

Who the child lives with

You must tell us about any other people who live with the child, for example, new partners of a parent, aunts, uncles, and grandparents.

You must also tell the court if the child lives at more than one address. This will help give the court a complete picture of the child’s living arrangements.

Social services

We also need to know if the child is the subject of a child protection plan or known to local authority children’s services (you may know this as social services). The court may decide to ask for further information or advice from the local authority.

Cafcass and Cafcass Cymru

Cafcass and Cafcass Cymru look after the interests of children involved in family proceedings. They work with children and their families, and then advise the court on what they consider to be in the best interests of the child.

Cafcass and Cafcass Cymru are responsible for protecting and promoting the welfare of children who are the subject of family court cases. They do this by working with the children and families and by providing advice to the courts.

They also carry out checks with other organisations, in particular local authorities and the police, as part of their work to make sure that children are safe, and report their findings to the court.

Oral and written evidence

There are two kinds of evidence you may use to support your case, which are:

• oral evidence
• written (or documentary) evidence

Oral evidence

At the court hearing you may want to tell the court something or you may want someone else to go to court as a witness and tell the court something to support your case. What you or your witness say is called ‘oral evidence’.

However, the court may not allow you or your witness to speak to the court unless you first give the court office a written statement of what you or your witness will say. Any statement (including a schedule) must state clearly your name, your address (unless the court has said you do not have to give it and the date. At the end you must state “The contents of this statement are true” and sign it.

If you have documents or photographs that show what happened you should attach them. The court does not make its own enquiries or gather evidence for you.

When you make a statement about what is in the children’s interests, you might find it useful to use the witness statement template.

If you are asking the court to deal with allegations of abuse a schedule (table) of incidents can be helpful. Complete it and email it to the other party who can then use the same schedule to reply. The completed schedule can then be sent to the court.

An example of a schedule would be:

The person making the allegation should fill in these parts.

The person replying should fill in this part.

Number and date. Briefly, what do you say happened and where?

Give more detail in your statement, who else was there? If the incident was reported, give details. Briefly, what do you say happened?

Give more detail in your statement.

1 [date] [insert] [name] [insert] [insert]

2 [etc.]

You must send a copy of your statement to the other parties and file a copy at court.

Copies of court orders

Some parts of the forms ask you to provide copies of court orders. You can get a copy of an order from the court which made it. Ask the family court office for a certified copy. You may have to pay a fee.

Written evidence

You must get the court’s permission before you ask an expert to prepare a report to use in the proceedings.

If you want a report made on the child you must have the court’s permission before you ask someone to assess or examine the child.

You must write to the court with your request before the first hearing dispute resolution appointment and the court will normally expect you to be ready to discuss this.

If you apply for a child arrangements order, specific issue order or prohibited steps order you must fill in the form and give only the information it asks for.

If you are also filling in a supplemental information form (form C1A), again give only the information it asks for. There are notes for guidance on filling in form C1A. You can get these from the court office.

You must have the court’s permission if you want to:

• refer the court to written information
• give information which a form does not ask for

If you apply for an order which is not a child arrangements order, specific issue or prohibited steps order, you may refer to written evidence on your forms but you must provide the family court office with copies of the evidence.

Fees and costs

You may have to pay a court fee to apply for an order.

If you have to ask the court for permission to apply for an order you will have to pay a fee. This fee is not refundable. If the court gives you permission you will not have to pay another fee when applying for the order.

There may be other costs (for instance, you may have to pay expenses to a witness who goes to court to give evidence for you) but that depends on your case and what you decide to do.

You can find out more about fees.

Methods of payment

Courts accept payment by debit or credit cards, cash, postal orders or cheques, which you should make payable to HM Courts and Tribunals Service.

If you pay by cheque and it bounces, the court will take steps to recover the money. If you do not pay a court fee your case may be stayed (suspended) or even struck out. If your case is struck out it will be permanently removed from the court and you would need to apply again.

If you cannot afford to pay a court fee

If you cannot afford to pay a court fee, you may be eligible for a reduced fee or you may not have to pay. Find out how to apply for help with court and tribunal fees.

Which court to apply to

You should normally make your application to your child’s nearest family court. You can find your child’s nearest family court.

The court you apply to will usually deal with your case. However, sometimes a court may decide a case should be dealt with by another court and will transfer it there.

Attending court and special arrangements

If you need special arrangements

If you need special help or facilities, for example because of a disability, please set out your requirements in full on your application form.

The court staff will need to know what you will need, for example, documents in alternative formats such as braille or large print, certain access, a hearing loop or a sign-language interpreter. The court staff will get in touch with you about this. If you do not make the court aware of all your needs, your hearing may be adjourned (postponed).

If you need a foreign language interpreter you should also contact the court immediately so that court staff can arrange one for you.

Bringing children with you to court

Children should not generally come to court unless they are part of the court process, for example if they are a witness, or if you have an appointment for you and your child to meet with the judge.

If you have to bring your child for any other reason, please bring an adult friend or family member to look after them while you are in the hearing room, as court staff cannot look after your child.

Security

If for any reason you are worried about security at court please let the court staff know as soon as possible. They will consider your needs and how they can help you.

What to after you have filled out the form

Check the form

You must make sure that you have:

• said everything that you want to say
• provided evidence if evidence is needed to support a MIAM extension claim – evidence does not need to be sent to the other party

Once you have submitted the forms to the family court you must have the court’s permission if you want to change anything on the forms.

Copy the forms

Make a copy of each form for:

• yourself
• Cafcass or Cafcass Cymru
• each respondent whose name you have provided in your application (you only need to do this if you have made your application using form C1 or C2)

Make the same number of copies of any other papers which you will give to the court with your forms. These papers may include:

• a court order
• the supplement information form (form C1A)
• written evidence to support your application

Your total papers given to the court must include the original and 2 copies and a copy for you.

Make sure any extra sheets you may have used include the child’s or children’s names and the section number of the C1 or C100 you are answering.

Then you must take or send the forms and copies to the family court with the correct fee. This is called ‘lodging’ or ‘filing’ your application.

In an emergency the court may allow you to make an application without telling the other parties. This type of application is called ‘without notice’ or may be referred to as ‘ex-parte’ at court.

If the court then makes an order you may have to provide a copy of the order to anyone who will be affected by it. Tell the family court office if you want the court to deal with your application ‘without notice’.

You can find out more about urgent court hearings about child arrangements.

What the court will do next

How the court will deal with your case

This depends on many things and the court is unlikely to deal with your case on one occasion (the ‘hearing’).

The family court will check you have:

• filled in the forms correctly
• included any relevant papers

If you have not attended a MIAM before applying, the court cannot process your application (unless there are special circumstances).

The court may decide to not process your application until you have attended a MIAM to discuss different non-court dispute resolution options if:

• you were asked to provide evidence to support a MIAM exemption and you did not provide it with your form
• the court decides that a MIAM exemption was not claimed correctly

A judge may also pause proceedings at any time if they think that attempting to resolve the dispute outside of court is safe and appropriate.

If your case is approved to progress to court, the court will give you a date and time for the court to first consider (hear) your case. This is usually called a directions hearing, or a first hearing dispute resolution appointment.

The date of the directions hearing must give you enough time to let certain people know you have applied for an order and give them time to reply.

The first hearing dispute resolution appointment will usually take place around 5 weeks after it is received by the court. If the application is a C100 the court will send you and the respondent a copy of the application and a notice of hearing. For other types of application the court will return the application to you and you will need to serve the respondents.

The law says there must not be any unnecessary delay in a case which concerns a child, and at the directions hearing the court will decide a timetable for your case.

You should make a note of the case number, which the court office has put on the forms. You will need that number if you write to, or phone, the court office.

Once you have taken steps to start a court case, the law places restrictions on the information about the case that you can then share with other people.

You can find out about sharing information outside of court in family proceedings.

If the child needs help urgently

If you think the child needs help at once, and the court agrees, it can give directions (instructions) or make a temporary order.

If you do not want the case to continue

When you have given your forms to the court, you may apply for permission to withdraw your case but only the court can decide what to do.

Telling the respondents and other people about your application

After the court office has issued your application and sent you the documents listed in the previous section, you must then, if you have made an application using form C1 or C2, tell the respondents and, regardless of which application form you used, anyone else you have to tell about your application. This is called ‘service’. You must by law serve all these people unless the court has told you not to.

When the court sends you the copies of your application form, and any new forms, it will also send you a copy of Children Act 1989: how to serve court forms (CB3). This will give detailed instructions about what you must do.

You may ask a court official for information but court staff are not allowed to advise you about what to do in your case. You may be able to get free legal advice. You can find out more about legal aid.

Get advise about your case

A court official can give you information about court procedures but cannot give legal advice. You can get advice from:

• a solicitor − you can get the names and addresses of solicitors who specialise in Children Act work from the Law Society’s children panel (020 7242 1222), or yellow pages or the solicitors’ regional directory (you can find these at a public library)

• Citizens Advice
• a legal advice centre or a law centre
• the Law Society

You may have asked a solicitor for some advice. However, the solicitor is only acting for you if you have appointed them to do so.

Apply on your own

If you decide to apply on your own, you may want to get legal advice about the order you want the court to make. A court order may affect your life, or the child’s life, in ways you may not have thought about.

Find out more about affordable advice from a family solicitor.

You can find out more about separation, divorce and dissolution of civil partnerships.

People aged 18 and under

If any of the people (for example the parents of the child) involved in the case are aged 18 and under, an adult must handle the court proceedings on their behalf as well as any legal representation. This adult is called a litigation friend.

A litigation friend must be able to handle proceedings on behalf of the person aged 18 and under and must not have interests in the case that do not agree with the child’s interests. Any steps and decisions taken by the litigation friend in the proceedings must be made for the benefit of the child. A person can become a litigation friend as a result of the court making an order appointing them, or by filling in a certificate of suitability in form FP9 and filing it at the court.

Help from a layperson (sometimes called a Mckenzie friend)

If you decide to apply on your own without legal representation, a layperson or friend, sometimes called a McKenzie friend, may be able to help you in court. That person might:

• provide moral support
• take notes
• help with case papers
• quietly give advice on points of law or procedure, issues that you want to raise in court, and questions you may want to ask witnesses

A McKenzie friend has no right to:

• act on your behalf
• speak to the court
• examine witnesses
• sign the court documents

You must tell the court at the start of the hearing if you want to have a layperson or McKenzie friend present.

If you do not apply on your own

You may be able to get help from the Legal Help Scheme. A solicitor, a law centre or a legal advice centre will be able to tell you whether you are eligible for legal help. You must apply for legal help through a solicitor.

Children and young people

If you are a young person in England whose family is changing, you can find out more about the Children and Family Court Advisory Support Service.

If you are a young person in Wales whose family is changing, you can find out more about the Welsh Children and Family Court Advisory Support Service.

Preparing and using bundles in private law cases

Why a bundle of documents is important

It is very important at court hearings that everybody has a bundle containing the documents that are needed to deal with the issues the court has to decide.

It is also important that each bundle contains only the documents relevant at that hearing, in the same order and with the same page numbers. Otherwise time is wasted while parties and witnesses find documents that are being referred to. You can find out how to prepare a bundle.

Who should prepare the bundle

Normally the applicant prepares the court bundle. If the applicant is not represented by lawyers but another party is, that party’s lawyers will prepare the bundle. If nobody is represented by lawyers the court will decide who should prepare the bundle.

Contents of the bundle

Get together into a ring binder or lever arch file the documents that are relevant to the issues the court has to decide at that hearing. You should agree these with the other party. Send them a list of the documents you suggest should be included (an index). If you cannot agree, ask the court whether a document should go into the bundle or not.

Do not include correspondence, medical or financial records, notes of contact visits, social services files or police disclosure. If you think one of these types of document are relevant and should go in the bundle you should ask the court for permission to include it. You will need to explain why you think it is relevant.

The bundle should be divided into sections A to E.

A – preliminary documents

The preliminary documents must include:

• an up-to-date summary of the background confined to the matters relevant for that hearing and the management of the case (called a case summary) – this should not be longer than 4 pages
• a statement of the issues to be decided at this hearing and at the final hearing (you should agree this with the other party)
• a position statement by each party setting out what they say should happen and the orders they would like made at this hearing and at the final hearing
• an up-to-date chronology (setting out relevant events in date order)
• any written submissions to the court about the issues to be decided at the hearing – all these documents should be cross-referenced to pages in the bundle
• a list of the documents you and any other party think the judge really needs to read before this hearing
• how long you think the hearing should last (the court probably will not expect this from you as a litigant in person)

B – applications and orders

Applications and orders are any applications made to the court and order.

C – statements and affidavits

This must only include the statements and affidavits that are relevant to the issues to be decided at the hearing.

D – experts’ reports

Include any experts’ reports if there are any.

E – any other documents

You must complete a statement of position on non-court dispute resolution: form FM5. The form must be sent to the court and the other party at least 7 working days before your first hearing or appointment.

If the court has asked for any other documents, or there are documents that you agree are relevant for the hearing, these must be included.

How to format your bundle

Each page in the bundle must be numbered in the bottom right hand corner. So the preliminary documents will start at A1, A2 and so on. The applications and orders section will start with B1, B2 and so on.

Try to cross-reference the preliminary documents with the pages in the bundle. For example, if the case summary mentions something dealt with in a statement at page C28, insert in the case summary at that point (C28).

The bundle should not exceed 350 pages. Ask permission from the court before exceeding this limit.

Print on one side of the page only.

Once you have completed the bundle make an index of each of the documents and their pages numbers. That goes at the start of the bundle, before everything else.

Make sure the outside of the bundle is clearly labelled with the name and number of the case, where it is to be heard, the hearing date and time (and the name of the judge if you know).

What to do with the bundle

First, send a copy of the index to any other party. They may ask for a copy of the complete bundle. If so, you should provide a copy, although they should pay any reasonable copying charges that you incur.

Next, make sure you deliver the bundle to arrive at the court no later than 2 working days before the hearing. If anybody is going to give evidence at the hearing, deliver 2 bundles - one for the judge and one for the witnesses.

If the hearing is before magistrates you will need to deliver 4 copies of the bundle (plus an extra one for any witnesses).

If the preliminary documents are not ready, deliver the bundle to the court anyway. Make sure any preliminary documents are delivered to the court by 11:00am on the working day before the hearing at the latest.

Make sure you bring your bundle to the court for the hearing.