For many parents and family members, the C100 is the first substantial document they prepare for private children proceedings.

That makes it deceptively important.

The court, Cafcass or Cafcass Cymru and the other party may all encounter your case initially through the information contained in this application.

Yet the C100 is not supposed to contain every argument, every screenshot or the complete history of the relationship.

The current form expressly asks for brief details of:

• previous agreements or parenting arrangements and how they broke down;
• why the application is being made;
• what you want the court to do; and
• the reasons the respondent has given for their position, where known.

It specifically warns applicants not to provide a full witness statement at that stage.

The skill is not putting everything into the C100. The skill is identifying what the court actually needs to understand at the beginning.

Child → Current Arrangement → Problem → Safeguarding → Welfare Impact → Order Sought

If a stranger reading the application cannot work out what is happening, why court intervention is needed and what you are asking the judge to do, the application needs more structure.

What is Form C100 used for?

Form C100 is used to start an application under section 8 of the Children Act 1989 for:

• a Child Arrangements Order;
• a Prohibited Steps Order;
• a Specific Issue Order;
• variation of an existing section 8 order;
• discharge of an existing section 8 order; and
• where appropriate, permission to make a section 8 application.

If Children Act proceedings are already underway and you want another order within those existing proceedings, the appropriate form may instead be C2. Enforcement of an existing Child Arrangements Order normally uses C79.

Make sure you are using the current C100

HMCTS updated Form C100 in June 2026.

The current paper form is marked:

C100 (06.26)

It includes updated provisions concerning confidential information and requires detailed information about MIAM attendance or exemption, safeguarding, urgency, existing proceedings, permission requirements and the people involved in the child’s life.

Do not rely on an old downloaded copy simply because it looks similar.

Get the application clear before the proceedings become complicated

JSH Law can provide defined-scope support to litigants in person preparing a C100 application.

Depending on the agreed scope, support may include:

• reviewing what order you are trying to obtain;
• organising the factual background;
• reviewing C100 wording;
• helping identify relevant safeguarding issues;
• C1A preparation support;
• urgent and without-notice application preparation;
• chronology and evidence organisation;
• identifying existing orders and proceedings;
• preparing for Cafcass;
• preparing for the first stage of proceedings; and
• hearing and document preparation after issue.

The C100 can ask for three different types of section 8 order

One of the first mistakes applicants make is treating “a C100” and “a Child Arrangements Order” as though they mean exactly the same thing.

They do not.

C100 is the form.

It can be used for three types of order under section 8 of the Children Act 1989.

What is a Child Arrangements Order?

A Child Arrangements Order can regulate:

• with whom the child lives;
• when the child lives with each person;
• with whom the child spends time;
• when that time takes place; and
• other forms of contact.

The modern statutory language replaced the older labels of “residence” and “contact”.

The wording matters because a child-arrangements case should not begin as an argument about one parent “winning custody”.

The legal question is what arrangements best promote the child’s welfare.

What is a Specific Issue Order?

A Specific Issue Order asks the Family Court to decide a particular question relating to a child’s upbringing.

Examples can include disputes concerning:

• education or school choice;
• medical treatment;
• religious upbringing;
• a proposed change of surname;
• particular travel or relocation questions; or
• another defined parental-responsibility dispute.

The order sought should be expressed as the actual decision the court is being asked to make.

“We disagree about school” identifies a dispute.

“I seek a Specific Issue Order that X attends Y School from September 2027” tells the court what decision is sought.

What is a Prohibited Steps Order?

A Prohibited Steps Order prevents a specified step that would otherwise be capable of being taken in the exercise of parental responsibility without the court’s permission.

Depending on the facts, applications may concern proposals such as:

• removing a child from a school;
• changing educational arrangements;
• taking a child abroad;
• relocating with a child;
• changing a child’s surname;
• taking a particular medical step; or
• another specified action affecting the child.

If the risk is immediate, the application may also require urgent consideration.

The C100 is about the child — because the child’s welfare is paramount

Section 1 of the Children Act 1989 governs the court’s approach.

When deciding questions concerning a child’s upbringing, the child’s welfare is the court’s paramount consideration.

The court also works from two important principles:

• delay is likely to prejudice a child’s welfare; and
• the court should not make an order unless making the order would be better for the child than making no order at all.

That second principle is often called the no-order principle.

In contested section 8 proceedings the court may need to consider the statutory welfare checklist, including matters such as:

• the child’s ascertainable wishes and feelings, considered in light of age and understanding;
• physical, emotional and educational needs;
• the likely effect of a change in circumstances;
• age, sex, background and other relevant characteristics;
• harm suffered or risk of harm;
• the capability of relevant adults to meet the child’s needs; and
• the range of powers available to the court.

Parental involvement does not mean an automatic 50/50 division of time

The Children Act contains a rebuttable presumption concerning parental involvement where the statutory conditions are met.

But “involvement” means involvement of some kind — direct or indirect.

It does not mean that the law starts from an automatic presumption of:

• equal time;
• 50/50 care;
• alternate weeks;
• shared residence in equal proportions; or
• any other predetermined division of the child’s time.

The particular arrangements still depend upon welfare and the evidence.

Where there is evidence that involvement would place the child at risk of harm, the statutory framework requires careful consideration of that risk.

Before applying: court is not supposed to be the automatic first step

The Child Arrangements Programme contains a pre-application protocol.

Where it is safe and appropriate, families are expected to consider whether the dispute can be resolved without proceedings.

This can include:

• direct agreement;
• a parenting plan;
• mediation;
• solicitor negotiation;
• another appropriate form of non-court dispute resolution; or
• other child-focused support.

Domestic abuse, urgency and safeguarding can fundamentally change that analysis.

No one should be pressured into unsafe mediation merely so that they can say they “tried everything”.

Do you have to attend a MIAM before filing a C100?

In most relevant applications, the prospective applicant must attend a Mediation Information and Assessment Meeting — a MIAM before issuing the application, unless:

• the MIAM requirement does not apply to that application; or
• a valid exemption is claimed.

A MIAM is not the same thing as being required to mediate.

It is a meeting with an authorised family mediator to consider mediation and other forms of non-court dispute resolution.

The current C100 asks detailed questions about:

• whether the applicant attended a MIAM;
• whether the parties attempted mediation or another process;
• why it did not proceed or resolve the dispute; and
• whether an exemption is relied upon.

The court can examine whether an exemption has been validly claimed.

What are the main MIAM exemptions?

The current rules contain several categories of exemption.

These include circumstances involving:

• domestic abuse;
• child protection concerns;
• urgency;
• recent previous MIAM or other qualifying NCDR involvement; and
• specified practical or other circumstances recognised by the rules.

Some exemptions require supporting evidence.

In particular, the current C100 identifies a range of recognised evidence for a domestic-abuse MIAM exemption, including certain:

• criminal justice evidence;
• protective orders;
• findings of fact;
• health-professional evidence;
• IDVA or ISVA evidence;
• local-authority or housing evidence;
• domestic-abuse-service evidence; and
• evidence relating to financial abuse.

Who can make a C100 application?

Some applicants have a statutory right to make a section 8 application without first asking the court for permission.

Others require the court’s permission — often called leave.

People who may have an entitlement to apply without separate permission include, depending on the order and circumstances:

• a parent;
• a guardian;
• certain people with parental responsibility;
• certain step-parents;
• a person already named in a Child Arrangements Order;
• certain people with whom a child has lived for the required statutory period;
• people with relevant consents; and
• others within the statutory categories.

Whether permission is required can be technical.

Do grandparents automatically have the right to apply for a Child Arrangements Order?

Not simply because they are grandparents.

A grandparent may fall within another statutory category which allows an application without leave — for example because of the child’s living arrangements or relevant consent.

But where no such category applies, a grandparent will usually need the court’s permission before the substantive section 8 application can proceed.

That does not mean grandparents are unimportant.

It means the procedural route must be identified correctly.

The current C100 can also ask for permission to apply

The June 2026 C100 asks directly whether permission is:

• already granted;
• not required; or
• being sought with the application.

If permission is needed, the application should explain the basis upon which it is sought.

Do not leave this issue until the hearing if the form itself requires it to be addressed.

What if there is already a section 91(14) order?

A section 91(14) Children Act order can require a person to obtain permission before making a further application.

The current C100 expressly asks about:

• section 91(14) orders;
• limited civil restraint orders;
• extended civil restraint orders; and
• general civil restraint orders.

If such an order applies, provide the requested information and a copy of the relevant order.

A permission application should engage with the terms and purpose of that order rather than pretending it does not exist.

The most important drafting box: “Why are you making this application?”

Section 5.4 of the current paper C100 asks for brief details about:

• previous formal or informal agreements;
• how those arrangements broke down;
• why court proceedings are now being brought;
• what you want the court to do; and
• the respondent’s stated reasons for their actions, where known.

It then gives an important instruction:

Do not turn this section into your full witness statement.

A useful structure is:

“I want fair contact” is not a clear order

One of the strongest points from the original JSH Law C100 guide remains true:

Applicants should understand what they are actually asking the court to order.

Compare:

“I want fair and equal access to my child.”

with:

“I seek a Child Arrangements Order providing for alternate weekends from Friday after school until Sunday at 6pm, half of school holidays and one video call each Wednesday.”

The second tells the court what practical arrangement is proposed.

That does not mean the court will necessarily make it.

It means the court can understand the proposal.

When must Form C1A be filed with the C100?

The current C100 asks whether the child has experienced, or is at risk of experiencing, harm involving:

• domestic abuse;
• child abduction;
• child abuse;
• drug, alcohol or substance misuse; or
• other safety or welfare concerns.

If the answer is yes to one or more of those categories, the current form directs the applicant to complete Form C1A and file it with the C100.

C1A is used to provide supplemental information about harm or risk of harm.

It is not the same document as:

• a witness statement;
• a chronology;
• a schedule of allegations;
• a position statement; or
• a Cafcass report.

Domestic abuse allegations change the way the case must be approached

Where domestic abuse is raised in child-arrangements proceedings, Practice Direction 12J may apply.

The court must identify relevant allegations, admissions and evidence and determine how they affect:

• the child’s welfare;
• risk;
• interim arrangements;
• whether findings of fact are required;
• future contact;
• participation in proceedings; and
• the terms of any final order.

Domestic abuse includes more than physical violence.

Depending on the evidence it may include:

• controlling or coercive behaviour;
• threatening behaviour;
• economic abuse;
• psychological or emotional abuse;
• sexual abuse;
• post-separation abuse; and
• other abusive behaviour falling within the statutory framework.

Should you attach all your evidence to the C100?

Usually, no.

A C100 application is not your trial bundle.

Attach material that the form, rules or circumstances actually require — for example:

• required MIAM-exemption evidence;
• relevant existing court orders where requested;
• Form C1A where required;
• a draft consent order where the application seeks to formalise an agreement;
• a relevant parenting plan where applicable; or
• other material properly required or permitted.

Do not simply attach:

• hundreds of WhatsApp screenshots;
• complete medical records;
• years of emails;
• long witness statements which have not been directed;
• school records with no explanation; or
• a homemade bundle containing everything you possess.

Preserve the evidence. Organise the evidence. But do not confuse the application form with the evidence bundle.

When can a C100 be treated as urgent?

Urgency is not simply:

“I want the court to deal with this quickly.”

The rules recognise urgent circumstances including situations where delay caused by attending a MIAM would create matters such as:

• a risk of harm to a child;
• a risk to life, liberty or physical safety;
• a risk of unlawful removal of a child from the United Kingdom;
• a risk of unlawful retention abroad;
• a significant risk of miscarriage of justice;
• significant financial hardship;
• irretrievable difficulty in resolving the dispute; or
• certain competing international proceedings.

Section 6 of the C100 deals specifically with requests for urgent and without-notice hearings.

Urgent and without notice are not the same thing

An urgent application can still be made on notice to the other party.

A without-notice application asks the court to consider the request before the respondent has received the usual advance notice.

Under the Child Arrangements Programme, without-notice orders are exceptional.

Relevant circumstances include situations where:

• giving notice would allow steps to be taken which defeat the purpose of the application;
• there is exceptional urgency and genuinely no time to give notice; or
• giving notice would be likely to expose the applicant or child to unnecessary risk of physical or emotional harm.

Abduction, relocation and travel disputes need careful framing

C100 proceedings may involve concerns that a child will:

• be removed from England and Wales;
• not be returned following travel;
• be moved to another part of the country;
• be removed from school;
• have travel documents obtained or used; or
• be relocated contrary to an existing order or parental-responsibility framework.

Depending on the facts, the application may involve:

• a Prohibited Steps Order;
• a Specific Issue Order;
• a Child Arrangements Order;
• urgent directions;
• passport-related provisions; or
• a different international or High Court remedy.

International child cases can involve jurisdiction, international conventions and urgent protective mechanisms.

Do not assume an ordinary C100 application is always the complete remedy in an abduction situation.

Need to keep your address or contact details confidential? Think about Form C8 before filing

The June 2026 C100 repeatedly directs applicants to use Form C8 where contact details should not be disclosed to another party.

This may be particularly important where:

• there is domestic abuse;
• a person has moved to a confidential address;
• a child is living at a protected location;
• there is stalking or harassment;
• the applicant is in refuge accommodation; or
• disclosure would create another safeguarding risk.

If using C8, check every other document being filed.

A confidential address can still be exposed accidentally through:

• a bank statement;
• a school letter;
• a medical record;
• a screenshot;
• an exhibit cover sheet; or
• another document attached to the application.

Tell the court about previous and current proceedings

The C100 asks about previous or ongoing cases involving the child.

This is not an administrative nuisance.

It may tell the court about:

• existing Child Arrangements Orders;
• previous findings of fact;
• non-molestation or occupation orders;
• care or supervision proceedings;
• emergency protection proceedings;
• other section 8 proceedings;
• previous relocation litigation;
• section 91(14) restrictions;
• related domestic-abuse proceedings; or
• important judicial history.

If an order is relevant and the form asks for it, provide the order.

Do not make the new judge reconstruct years of litigation from fragments.

International elements should be identified immediately

The current C100 asks specifically about:

• Scotland or Northern Ireland connections;
• international elements;
• issues affecting jurisdiction; and
• other matters potentially affecting the proceedings.

Tell the court if relevant issues include:

• a child living abroad;
• recent international relocation;
• foreign proceedings;
• a proposed permanent relocation;
• another country arguably having jurisdiction;
• retention following an overseas trip; or
• another significant international connection.

Jurisdiction should not be treated as an afterthought.

What happens with Cafcass after a C100 is issued?

The current C100 itself explains that it will be shared with Cafcass or Cafcass Cymru so that initial safeguarding work can take place.

Under the standard Child Arrangements Programme, Cafcass or Cafcass Cymru undertakes safeguarding work before the First Hearing Dispute Resolution Appointment in relevant cases.

This can include:

• police checks;
• local-authority safeguarding enquiries;
• contact with the parties concerning safety issues; and
• a safeguarding letter or report to the court.

Under the standard CAP timetable, the safeguarding letter/report is ordinarily provided within the procedural timetable before the FHDRA.

The C100 and any C1A therefore matter because they are part of the information available at the beginning of safeguarding work.

Your case may not follow the traditional FHDRA route: Child Focused Courts and Pathfinder

Private children procedure is currently changing.

The model originally known as Pathfinder is increasingly referred to as the Child Focused Model or Child Focused Courts.

The Government announced national expansion in March 2026, but the formal pilot provisions under Practice Direction 36Z continue to apply in specified areas while implementation progresses.

This means two litigants filing C100 applications in different court areas may experience different procedural routes.

In a Child Focused Model case, the process can involve an earlier Information Gathering and Assessment stage and a Child Impact Report.

That report may bring together:

• information from the parties;
• information from the child where appropriate;
• safeguarding information;
• police and local-authority checks;
• external information;
• domestic-abuse risk information;
• participation issues;
• previous orders; and
• recommendations about next steps.

In the pilot model, the Child Impact Report is itself treated as a section 7 report, so a separate traditional section 7 report should not automatically be expected.

What happens at the FHDRA under the standard Child Arrangements Programme?

Where the standard Child Arrangements Programme applies, the first substantive hearing is normally the First Hearing Dispute Resolution Appointment — FHDRA.

The FHDRA is primarily a safeguarding, issue-identification and case-management hearing.

The court may consider:

• what issues are agreed;
• what remains disputed;
• safeguarding information;
• whether domestic abuse allegations require determination;
• whether interim arrangements are safe;
• whether a fact-finding hearing is necessary;
• whether a Section 7 report is required;
• whether the child’s wishes and feelings need further exploration;
• what statements or evidence are required;
• whether participation directions are necessary; and
• what the next stage should be.

It is not automatically the hearing at which the judge decides every disputed fact or makes final arrangements.

Will the court automatically order a Section 7 report?

No.

Under the standard CAP, the court can direct Cafcass, Cafcass Cymru or in appropriate cases a local authority to prepare a welfare report under section 7 of the Children Act 1989.

The court should identify the specific welfare matters the report needs to address.

Section 7 reports are commonly relevant where there are disputed questions about:

• where a child should live;
• spending time or contact;
• wishes and feelings;
• safeguarding;
• parenting capacity;
• risk;
• reintroduction of contact; or
• another defined welfare issue.

In a Child Focused Model case, the Child Impact Report may perform this section 7 function.

Does filing a C1A mean there will automatically be a fact-finding hearing?

No.

The court must decide whether disputed allegations need factual determination in order to resolve welfare and risk issues.

The court may consider:

• what is admitted;
• what is genuinely disputed;
• what evidence already exists;
• whether the alleged facts would affect the welfare decision if proved;
• whether findings are required for risk assessment;
• proportionality; and
• whether the case can safely be determined without a separate fact-finding hearing.

If fact-finding is directed, the court may later require:

• a schedule or table of allegations;
• witness statements;
• police disclosure;
• medical or other professional disclosure;
• digital evidence;
• responses to allegations; and
• a dedicated fact-finding hearing.

What about the child’s wishes and feelings?

A child’s wishes and feelings can be important, but they are not decided by placing the child in the position of choosing between parents.

The weight given to wishes and feelings depends upon matters including:

• age;
• understanding;
• circumstances;
• how the views were obtained;
• the wider welfare evidence; and
• any issue concerning pressure, influence or safety.

Depending on the case, the child’s voice may be obtained through:

• Cafcass;
• Cafcass Cymru;
• a local-authority professional;
• a Child Impact Report;
• a Section 7 report;
• a Rule 16.4 children’s guardian in exceptional cases;
• a letter or communication from the child arranged appropriately; or
• other court-directed mechanisms.

Do not commission a private expert report and assume the court must use it

Expert evidence in children proceedings is controlled by the court.

Permission is generally required before expert evidence can be obtained or relied upon for the proceedings.

This can include proposed:

• psychological assessments;
• psychiatric assessments;
• drug or alcohol testing;
• medical expert reports;
• parenting assessments; or
• other specialist opinion evidence.

If you believe expert evidence is necessary, identify:

• the issue it would answer;
• why existing evidence cannot answer it;
• the proposed discipline;
• proportionality;
• timescale;
• cost; and
• whether the proposed expert meets the current procedural requirements.

Can C100 be used to change an existing Child Arrangements Order?

Yes.

C100 can be used to ask the court to vary or discharge an existing section 8 order.

A variation application should explain what has changed since the existing order.

Relevant developments might include:

• the child’s age and changing needs;
• school changes;
• relocation;
• a breakdown in existing arrangements;
• new safeguarding concerns;
• work or practical changes;
• the child’s wishes and feelings;
• repeated difficulties operating the order; or
• another material change.

Variation is not the same as enforcement.

C100 or C79? Know what problem you are asking the court to solve

If an existing Child Arrangements Order is simply not being complied with and you seek enforcement, the usual form is:

C79

If you say the existing arrangements themselves now need changing, that may involve a variation application using:

C100

In some cases, enforcement and variation issues overlap.

The important question is whether you are saying:

“The existing order should be followed”

or:

“The existing order needs to change.”

How much does a C100 application cost in 2026?

As at September 2026, the HMCTS fee for a section 8 Children Act application is:

People on a low income or certain benefits may qualify for Help with Fees.

Court fees are separate from any fee for professional or litigation-support assistance.

Common C100 mistakes

C100 pre-filing checklist

Before submitting, ask yourself:

• Am I using the current form or online service?
• Have I identified the correct section 8 order?
• Have I clearly described what I want the court to do?
• Have I dealt with the MIAM requirement?
• If I rely on an exemption, is evidence required?
• Have I identified all children correctly?
• Have I identified everyone with parental responsibility?
• Have I identified where the children currently live?
• Have I identified relevant other carers?
• Have I disclosed current or previous proceedings?
• Do I need permission to apply?
• Is there a section 91(14) or civil restraint order?
• Have I accurately identified any safeguarding concerns?
• Do I need C1A?
• Is the application genuinely urgent?
• If I seek without-notice consideration, have I explained why?
• Is there an international element?
• Do any contact details need protecting through C8?
• Have I kept the reasons section concise?
• Have I avoided unnecessary attachments?
• Have I checked the current fee or Help with Fees position?
• Have I kept a complete copy of everything filed?

How JSH Law can help with a C100 application

JSH Law provides privately funded, defined-scope litigation and document-preparation support for litigants in person.

Depending on the agreed task, C100 support may include:

• reviewing the dispute and identifying the procedural issue;
• identifying the section 8 order being sought;
• reviewing draft C100 wording;
• helping structure Section 5.4;
• organising current arrangements and proposals;
• C1A preparation support;
• domestic-abuse chronology preparation;
• safeguarding evidence organisation;
• urgent / without-notice preparation;
• reviewing previous orders;
• permission-application preparation;
• section 91(14) document organisation;
• relocation or prohibited-steps document preparation;
• Cafcass preparation;
• first-hearing preparation;
• position statements;
• witness statements where later directed;
• schedules of allegations;
• court bundle preparation; and
• deadline and order tracking.

Asking JSH Law for C100 help? Send these first

You do not need to send your entire evidence archive at the outset.

Start with:

1. A short explanation of the current arrangements for the child.
2. What has changed or broken down.
3. What order you believe you need.
4. Any existing Child Arrangements Order.
5. Any other relevant Family Court orders.
6. Any C100 already drafted.
7. Any C1A already drafted.
8. Any section 91(14) order.
9. Details of previous or ongoing proceedings.
10. Any immediate safeguarding concern.
11. A small selection of particularly important evidence if relevant.
12. Any known deadline or urgent date.

Check whether legal aid may be available

Legal aid may be available for some private children cases, particularly where the applicable domestic-abuse or child-protection gateway is met and the means and merits requirements are satisfied.

If funded legal representation may be available, investigate that option before assuming you must conduct complex proceedings alone.

JSH Law support is privately funded and provided on a defined-scope basis.

Frequently asked questions about C100 applications

Related JSH Law guides

• Cafcass & Section 7 Report Help
• Domestic Abuse Evidence & PD12J
• Family Court Evidence & Chronology Help
• Schedule of Allegations & Responses Help
• Family Court Hearing Preparation
• Family Court Bundle Preparation Help
• Non-Molestation Order Help
• Occupation Order Help
• Family Court Legal Aid

Official law, rules, forms and guidance

This guide has been prepared by reference to current official materials including:

• HMCTS – Form C100
• HMCTS – Form C1A
• Children Act 1989
• Family Procedure Rules Part 3 – Non-Court Dispute Resolution and MIAMs
• Practice Direction 12B – Child Arrangements Programme
• Practice Direction 12J – Child Arrangements and Domestic Abuse and Harm
• Practice Direction 36Z – Child Focused / Pathfinder Pilot Procedure
• HMCTS – CB1 Making an Application: Children and the Family Courts
• GOV.UK – Apply for a Child Arrangements Court Order
• HMCTS – Current Family Court Fees

Legal and procedural information last checked: 16 September 2026.

Important service information

JSH Law provides defined-scope litigation support, document-preparation assistance and practical support for litigants in person.

Assistance with a C100 application can include helping to organise the client’s factual instructions, identify procedural issues, structure court documents and organise evidence within the agreed scope.

JSH Law does not decide what outcome the Family Court should reach, determine disputed allegations or guarantee that a particular order will be made.

The litigant in person remains responsible for checking and approving factual information, signing statements of truth where required, complying with court orders, filing and service where applicable and meeting deadlines.

Where formal regulated legal advice, conduct of litigation, reserved advocacy or representation is required, assistance should be obtained from an appropriately authorised legal professional.

This page provides general procedural and educational information about private children proceedings in England and Wales. It is not case-specific legal advice. The correct application, procedure and outcome depend upon the facts, evidence, safeguarding issues, existing orders, jurisdiction and the child’s individual welfare needs.

Start the case by making the court’s job easier

What is happening now? What has broken down? Is there a safeguarding issue? What does the child need? What precise order are you asking the court to make?

Those questions should be clear before the application becomes buried under months of litigation.