Private Children Proceedings: The Roadmap from C100 to Final Order
— This practical roadmap explains how private children proceedings can move from a C100 application through safeguarding, Cafcass involvement, case management, evidence, possible fact-finding and final decision. It also explains the difference between the traditional Child Arrangements Programme and the newer Child Focused Model, so litigants in person can identify where their case has reached and what the court is likely to need next.
From C100 to final order: understand the route before you prepare the next document
Private children proceedings can involve safeguarding checks, Cafcass or Cafcass Cymru, interim decisions, disputed allegations, welfare reports, several different types of hearing and a final decision about what arrangements are best for the child.
The process is easier to navigate when you know where your case has reached, what the court is deciding next and what information is actually needed for that decision.
This is a roadmap — not a prediction of every case
This guide focuses on private children proceedings under the Children Act 1989, particularly applications made on Form C100 for child arrangements orders, specific issue orders and prohibited steps orders.
This guide is useful if:
- you are considering making a C100 application;
- someone else has made a private children application;
- you are representing yourself;
- Cafcass or Cafcass Cymru is involved;
- the court is considering where a child lives or spends time;
- there are disputed safeguarding or domestic-abuse allegations; or
- you are trying to understand what should happen before a final order.
This is not the right roadmap for:
- local-authority care or supervision proceedings;
- adoption proceedings;
- international child-abduction proceedings;
- financial remedy proceedings;
- applications that fall primarily under another specialist procedure; or
- case-specific advice about what order a judge should make.
Which procedural route is your court using?
The Child Focused Model — previously known as Pathfinder — is being rolled out across England and Wales. All family courts in Wales already use the model. England is moving to it in phases. Some English private children cases therefore still follow the traditional Child Arrangements Programme.
Child Arrangements Programme
Still relevant in English court areas that have not yet transitioned to the Child Focused Model.
Child Focused Model
Used throughout Wales and in an increasing number of English Family Court areas.
Stage 0: before a C100 application is made
Before focusing on forms, identify what the disagreement actually is and whether a court order is required.
Identify the order you may need
A C100 can be used to seek a child arrangements order, prohibited steps order or specific issue order. It can also be used in relevant circumstances to vary or discharge an existing section 8 order.
Deals with arrangements such as where a child lives and with whom the child spends time or otherwise has contact.
A specific issue order resolves a particular question. A prohibited steps order prevents a specified step being taken without the court's permission.
Consider whether non-court dispute resolution is appropriate
For most relevant applications, an applicant must attend a Mediation Information and Assessment Meeting before applying unless a valid exemption applies.
The court must also consider throughout proceedings whether non-court dispute resolution is appropriate. That does not mean mediation is appropriate in every case. Safety, domestic abuse, risk of harm and the particular circumstances matter.
A MIAM is an information and assessment meeting. It is different from being required to mediate with another person.
Domestic abuse, child-protection concerns, urgency and other circumstances may engage an exemption, but the court can examine whether it was validly claimed.
Urgent and without-notice applications follow a different path
Where immediate protection is required, there is a risk of harm or removal, or another legally recognised urgent circumstance applies, the court may need to deal with the application before the ordinary timetable.
An urgent application does not mean the rest of the case disappears. After the immediate issue is addressed, the court can give directions for the proceedings to continue.
Stage 1: the application enters the Family Court
The application is only the beginning. The court still has to identify the parties, the safeguarding position, the procedural route and the issues that actually require judicial determination.
The application is filed and issued
Form C100 is used for applications including child arrangements, prohibited steps and specific issue orders. Some applicants have an automatic right to apply; others may need the court's permission.
If allegations of domestic abuse or harm are relevant, supplemental safeguarding information may also need to be provided.
Answer the form being asked. Evidence and fuller statements are normally dealt with in accordance with later court directions.
Keep the application, any supplemental form, fee information, confirmation of filing and everything subsequently received from the court.
The court identifies how the case should proceed
The court considers allocation, urgency, safeguarding and what procedural route applies. Depending on the area, the case will then proceed under the Child Arrangements Programme or the Child Focused Model.
This is one reason why two C100 cases can begin with similar facts but develop differently. The court manages the issues that the particular child and family actually require.
What happens after issue?
The labels may differ between the two models, but the core questions remain similar: is anyone unsafe, what is disputed, what information does the court need, what does the child need, and can the case be resolved without a contested final hearing?
Safeguarding information is gathered early
The court needs sufficient safeguarding information before making decisions that could affect a child's safety.
Under the traditional Child Arrangements Programme, Cafcass ordinarily carries out safeguarding checks and provides safeguarding information for the early hearing. Under the Child Focused Model, safeguarding enquiries form part of the wider Information Gathering and Assessment stage and the Child Impact Report.
The case must be understood through the child's welfare
Private children proceedings are not a contest to determine which adult gives the most persuasive account of the relationship breakdown. The court's task is to determine what outcome serves the child's welfare.
Depending on the process and issues, Cafcass, Cafcass Cymru or another social-work agency may gather information about the child's circumstances, wishes and feelings, safety, relationships and welfare needs.
A section 7 welfare report may be ordered where the court requires further welfare assessment on specified issues.
The Child Impact Report is prepared during Stage 1 and can incorporate the work that would otherwise be covered by a section 7 report.
The court identifies the live issues and the next required steps
Under the traditional Child Arrangements Programme, this usually happens at the FHDRA. Under the Child Focused Model, case management follows the Child Impact Report through the Safeguarding Gatekeeping / Case Management process.
The court may consider interim arrangements, safeguarding issues, whether further evidence is required, whether disputed facts need determination, whether non-court resolution remains appropriate and what should happen next.
The First Hearing Dispute Resolution Appointment is ordinarily the first substantive court appointment under the CAP route.
The aim is to obtain more child-focused information before unnecessary hearings are listed and then direct only the work the case needs.
If more information is required, the court gives directions
Directions may concern witness statements, disclosure, professional records, schedules of allegations, a welfare report, expert evidence, participation arrangements or other material needed to resolve the identified issues.
The important word is needed. A large volume of material does not become relevant simply because it exists.
The case may narrow after evidence, findings or welfare work
Many cases do not need a full contested final hearing. Issues may narrow after safeguarding work, findings of fact, a welfare assessment, disclosure or changed proposals.
Under the traditional CAP route, a Dispute Resolution Appointment may be used after a section 7 or other report to identify what remains disputed and whether the case can be resolved. A DRA can, in an appropriate case, be used as the final hearing.
Under the Child Focused Model, Stage 2 may involve interventions, support, agreement or a Decision Hearing.
If important issues remain disputed, the court determines them
At a final or Decision Hearing, the court considers the evidence and submissions relevant to the unresolved issues and decides what order, if any, should be made for the child.
Depending on the case, witnesses may give evidence and be questioned. The court then applies the Children Act welfare framework to the evidence it accepts.
Use the Six-Question Check when a report or important conclusion affects the next stage
When Cafcass, Cafcass Cymru, an expert or another professional reaches an important conclusion, do not respond only by saying that you disagree. Examine how the conclusion was reached.
The framework helps distinguish the underlying information from the reasoning and the action proposed because of it.
Use the JSH Law Six-Question CheckFact-finding is not an automatic stage
Where domestic abuse or other important allegations are disputed, the court must decide whether findings are actually necessary before it can safely determine welfare.
1. What facts matter?
The court should identify the allegations or factual disputes that are relevant to risk, welfare or the order being considered.
2. Does the court need findings?
A separate fact-finding hearing is not required simply because allegations have been made. The court considers whether determination is necessary and proportionate.
3. What happens after findings?
Findings are not the final welfare decision. They provide part of the factual basis for risk assessment, welfare analysis and the next stage of the case.
Things that can change the ordinary route
A roadmap is useful only if it shows where the route can change. These issues can alter the timetable, evidence, participation arrangements or hearings required.
Domestic abuse or safeguarding
May affect interim arrangements, participation, disclosure, fact-finding and the welfare assessment.
Urgency
The court may need to consider an immediate application before the ordinary procedural sequence.
Local-authority involvement
Recent or current children's-services involvement may affect what information is required and who prepares welfare material.
A child becoming a party
In appropriate cases the court may consider separate representation of the child under the Family Procedure Rules.
Expert evidence
Expert evidence requires court control and permission. It should address an issue that cannot properly be resolved without it.
International issues
Removal, retention, jurisdiction or overseas evidence can require specialist rules and may take the case outside this ordinary roadmap.
The decision, the order and what happens next
A final hearing is not simply the last appointment in the diary. The court must connect the evidence it accepts to a welfare decision, record the outcome in an order and make clear what is expected to happen next.
What can the court decide?
The court does not have to choose between two complete parental proposals. It can make the order it considers appropriate within its powers — or decide that no order should be made.
Child arrangements
The court can determine arrangements concerning where a child lives, spends time or otherwise has contact.
Specific issue
The court can decide a particular question concerning the child's upbringing where the statutory requirements are met.
Prohibited steps
The court can prohibit a specified step from being taken in relation to the child without the court's consent.
No order — or another appropriate direction
The Children Act includes the principle that the court should not make an order unless doing so would be better for the child than making no order.
Read the sealed order
Do not rely only on memory. Identify exactly what the court ordered, who must act, any deadlines and whether another hearing is listed.
Identify the type of problem
Disagreement with an order, non-compliance and a material change of circumstances are not necessarily the same procedural issue.
Start from the existing order
If the case returns to court, identify what has happened since the order and what new decision is actually required.
If you feel lost, come back to these five things
You do not need to hold the entire history of the case in your head at once. These five items usually bring the immediate procedural position back into focus.
Not sure where you are on this roadmap?
Start with the latest sealed order, the date and type of the next hearing and a short explanation of what is causing difficulty. JSH Law can help identify the procedural position and the next defined piece of work.
I cannot work out what stage I am at
Reconstruct the procedural history, latest order, live issues and immediate next task.
Family Court Navigation →Cafcass or safeguarding is central
Review professional material, safeguarding concerns and the evidential basis of recommendations.
Safeguarding & Cafcass Support →I need to prepare evidence or documents
Support with chronologies, statements, schedules, position statements and structured case preparation.
Court Document Support →I have a hearing approaching
Identify the issues, evidence, documents and orders sought before you walk into court.
Hearing Support →You do not need to send an entire case file first. Start with the immediate procedural problem and the next decision the court is expected to make.
Book a 15-minute initial consultationRules and official guidance
Private children procedure is governed by the Children Act, Family Procedure Rules, Practice Directions and the directions made in the individual case. Use current official sources alongside practical guidance.
This guide provides general legal and procedural information about private children proceedings in England and Wales. It is not individual legal advice and it cannot predict the route or outcome of a particular case.
The Family Court can adapt procedure to the needs of the case. Urgency, safeguarding, domestic abuse, local-authority involvement, international issues, expert evidence, representation of the child and other matters can change the ordinary sequence.
The Child Focused Model is being introduced across England in phases and is already used throughout Wales. Always check the most recent court order and the procedure being used by the court dealing with your own proceedings.
JSH Law Ltd provides non-reserved legal services, litigation support and McKenzie Friend assistance. JSH Law Ltd is not authorised or regulated by the Solicitors Regulation Authority and does not conduct litigation or provide reserved legal representation on your behalf. Litigants in person remain responsible for their proceedings, deadlines, filing, service and compliance with court orders unless a lawful task has expressly been agreed otherwise.
Procedural position reviewed: September 2026.
