[Solved] C100 and C1 forms

Hi there

Yes you can use one C100 form for both children, if there are any risks from the mother it would be useful for the court if you fill out a C1a form to tell them about this. You will only be charged £215 for submitting all of the forms.

If you are on a low income or receiving benefits then you can also apply for an exemption from the court fee and you would need form EX160a to do that.

Hi Si

Since both children are living with you at the moment, is there a particular reason why you want to apply for the Child Arrangement Order and PR? Also, how long have they been living with you?

Thanks nannyjane, it’s good to know that it’s a bit easier and cheaper by at least being able to submit both forms together.

I have been involved in raising my step daughter for over 12 years, and both children have been living with me since we separated over 7years ago. Their mother is very much an absent parent, seeing them maybe 5 times a year including birthdays & Christmas, and not showing any desire to have them live with her. She doesn’t make any financial contribution towards the upbringing of her children, and doesn’t seem to see why she should have to.

The reason I am considering court action now is because I would like to start the divorce process, but I am not sure if I need to formalise the arrangements for the children. I have already suggested the step-parent parental responsibility form, and also asked her to look at a family based arrangement for maintenance – in both cases she said she will have a look, but just fobs me off as she has no intention of doing either for her own selfish needs.

That is why if I want to get the children sorted, I will have to go through the formal process of courts and CMO. Her behaviour can be erratic, deluded, and threatening towards people who she feels are against her. When I have pushed, she has threatened me, saying she will have the children – but she leads an unstable life when it comes to work and accommodation, and bearing in mind she doesn’t contribute financially or really see them, and they never want to stay at hers, I doubt this would ever happen.

Should I just proceed with divorce, and not rock the boat when it comes to the kids (other than attempting to get CMO on her case) since she has shown no interest in being responsible for them other than as a basis for a threat?

If you are using a solicitor for your divorce, it's possible you can also use them to sort out the children's arrangements. If you want to formalize things and have a court order in place then you will have to apply to the courts. Mediation is mandatory before attempting to apply to court.

As she has threatened to take the children when you have tried to broach the subject, it's not worth the risk and I would secure the children's position with you first, before approaching the CMS. As Yoda says if you want to formalise things a child arrangements order for residence is the way to do that.

Once you have the order in place (which in my opinion would be fairly straightforward as they have lived with you for so long) you can then go ahead and open a case with the CMS for maintenance. If she is working then she should be contributing to the children's upbringing, whether she sees them regularly or not.

As Yoda mentioned you will need to attend mediation before an application to court can be made, but by the sound of it she probably wouldn't attend when requested by the mediator, in which case they will sign off the C100 form to enable you to proceed to court.

I would consider putting in the divorce agreement that you won't be seeking child maintenance, but do want residence - I'm not sure whether it will be a child arrangement order as this will all be part of the divorce agreement - (I'd recommend Marilyn Stowe's book on divorce, but there are plenty of others). The reason I'm suggesting no maintenance is because I suspect this might be a reason why she might make life difficult, so if she thinks she's going to not have to pay anything, then she might be happy to agree. A year after the divorce order, you are perfectly able to go to the CMS and open a case, and the no-maintenance agreement won't be valid any longer, and by that time, you've got the divorce and residence sorted.

I think it's probably worth getting a short consultation with a divorce lawyer - if you are lucky, you might get an initial free consultation, but even if you have to pay for an hour or two, I think it could be money well spent, but make sure beforehand you have all important questions written out so you don't miss anything and make most of the time you're paying for.