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Help!!! Filling Out A C100 Child Arrangements Form!!

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lsharp | 19:53 Fri 08th May 2015 | Law
21 Answers
hiya....iv managed to fill out all the info on a c100 form bar the mediation part....basically mediation was refused by my ex 3 times so the form was sent to them and signed on section 14a....they ticked the box saying "mediation is not suitable as a means of resolving the dispute because
none of the respondents is willing to attend a MIAM".

i am struggling to do part 13. i have no idea which box to tick....it def isnt the first 3, i would of thought it would be the 4th box down but then dont no what box to tick when you need to go to section 13d!!

any help appreciated
thanks
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I assume you've looked at this site?
http://www.family-law-advice.org/advice-centre/c100/
Question Author
yes doesnt answer my question
OK well at least it gives an example of the form so others can hopefully help you. I doubt it's form a wide number of posters are familiar with. Good luck
Sorry that must be the wrong link although it says Form C100. It doesn't even have a section numbered after 10.
As I read that form, everything centres around your answers to questions 2(b) and 2(c):

From what you've previously written, I can understand why you might want to answer 2(b) as 'Yes'. However it appears that the correct answer is actually 'No'. That's because you're not ASKING the court to give you an exemption from the requirement to attend an MIAM but, instead, TELLING them that a family mediator has already given you such exemption.

So your answer to 2(b) should be 'No'. (i.e. "I'm NOT asking for an exemption because I've already got one").

Instead of taking you to Section 13 (as a 'Yes' answer would have done) that then takes you to question 2(c), to which you answer 'Yes' (and ensure, as you have already done, that the family mediator confirms your exemption in Section 14(a)).

On page 4 it states: "All applicants must complete sections 1 to 12 and complete and sign section 15 of this form"
i.e. it's telling you that Sections 13 and/or 14 ONLY need to be filled in under certain circumstances. Since you should have answered 'No' to 2(b), you are NOT directed to Section 13 at any point and you can therefore leave it completely BLANK.

So, in summary:
2(b) = NO
2(c) = YES
Section 13: Leave BLANK
Section 14(a) has been filled in for you.
Question Author
no that bit i have done its not that im stuck on i will send u the link to the newest c100 form....basically page 17 onwards is what im confused at as the answers dont seem appropriate

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdf
Question Author
ok iv had a stupid moment and realised i dont need to fill section 13 lol
Page 17 is part of Section 13, which you should NOT be answering at all!!!

As I've explained above, you only get directed to Section 13 if you answer 'Yes' to question 2(b). You must answer 'No' because you're NOT seeking an exemption from attending an MIAM, as you've ALREADY got one! (Then answer 'Yes' to 2(c)).

Therefore you LEAVE THE WHOLE OF SECTION 13 BLANK.
Oops!

Crossed posts!

I'm pleased that we've got it sorted out anyway ;-)
Question Author
im terrible at filling forms lol thank you for your help though!
do you know....do i have to tell the other party about my application to family court?
Question Author
oh i do not have any contact with my ex my mother deals with it all, i just assumed the courts would contact him as it asks for his address for documents to be sent
lsharp: I can't offer any help however I do wish to say; it's nice that you've moved on from your ex, he sounded like a right chump. Is he still dating the neighbour?
Make sure that you've got some copies of the form you've filled in and then, when required to do so by the court, simply follow the instructions that you're given (which, basically, will mean little more than posting a copy of the form by recorded delivery to your ex).

Sections O, P & Q (from my last link) explain more.
Question Author
haha how did u remember that lol yes he is believe it or not but its about time my children came first rather than being swapped and confused all the time so family court it is...and hes more than that hes a waste of space lol
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so i need how many copies of the application form??
do i send off my application and basically wait for the court to write back? sorry iv never done anything like this x
>>>so i need how many copies of the application form??

See Page 34 ('Copy the forms'). If in doubt, just make a few spares. Scans/photocopies don't cost much!


>>>do i send off my application and basically wait for the court to write back?

Basically, 'Yes'. See Section P (page 36) for more details. Read Section Q as well
Question Author
ok thats fine but it says When the court office gets your forms it will check you have filled in the
forms correctly and included any relevant papers. It will give you a date and
time when the court will first consider (hear) your case, will my ex get a letter from them as well saying when the date is as he works full time so will need to get time off and he wont tell me if he is able to go or not
When the court writes to you to tell you of the date for the directions hearing they'll also send you copies of your application form and any other necessary paperwork. You'll also be sent form CB3, which explains what you need to do with them (which includes sending the relevant paperwork to your ex).

To save you waiting for form CB3 though, here it is:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/cb003-eng.pdf

Ensure that you serve the forms (i.e. send them to your ex) as soon as possible. They'll show the time and date of the 'directions hearing', so that he can seek time off to attend. (As it's only a 'directions hearing', which will simply allocate the case to another time and date, he might choose not to attend but that's entirely up to him; as long as you've correctly served the papers you've got nothing to worry about).

Note that form CB3 only refers to '1st Class Post' but I strongly recommend using Royal Mail's 'Signed For' service (previously called 'Recorded Delivery') as well, so that your ex can't say that he never received the court papers

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