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C100
- Thread starter Saddad
- Start date
I never bothered, I just got the C100 in and done pretty much to start the ball rolling
I would put "please see attached sheet" and then type out and print out on A4 what you want to put. Depends what you circumstances are as to what you put. Has she made allegations?
Start with what you're applying for and why in one brief paragraph. Then go onto briefly explain when you and your ex met, how long you were married, and when you separated - and what you agreed about the children at the time of separation (if you did - or possibly the circumstances if you feel appropriate). If since then you've met someone new then say you met your current partner on x date and whether or not they have met, or get on well with your children.
Then go on to describe the circumstances around why you're not seeing your children - eg that initially you were seeing them x days a week by agreement but then your ex did xyz and said xyz (don't say negative stuff about her though - just state the facts of the situation) and you tried to discuss the matter and have mediation but she decline (or whatever it was that happened).
You can then have a brief paragraph about how historically you were involved in childcare - what their favourite activities were with you and how these are now prevented - that kind of thing - and that you feel it's important to the children to have stability and significant and regular time with both parents and both extended families. If you have family nearby, mention that - like my Mother ( the childrens grandmother) lives 2 miles away and they used to visit her regularly.
Finally come back to your first paragraph and again say what you would like the court to order. Something like "I therefore respectfully request the court to make an order for the children to live with both their parents on a 2-2-5-5 basis and half the holidays with each parent with defined weeks - as follows:
With father
Week 1..........
Week 2 ..........
With Mother
Week 1 .............
Week 2 ................
Ideally you want to keep it to no more than a side of A4. Put your name and case number at the top and you can then attach it behind the page that has 5b on (ie its stapled in with the application).
What are asking for?
I think it's really important to have a good initial application - and how it's worded - Cafcass read this and form an opinion immediately. It's about the only time you have a voice until final hearing and it can set the tone for the proceedings. What you put will also be compared with what the ex says - so you sound reasonable and sensible and she sounds bonkers.
The other thing that's really important is being crystal clear what you want to be ordered - not vaguely - I want to spend time with my children as that is open to numerous interpretations.
Also so many C100's look exactly the same with minimal information before first hearing - yours needs to get some attention. And have you sound like a sound, child focused Father who is happy to co parent and wants the children to enjoy their lives with both parents. And explaining the circumstances immediately helps Cafcass and the Judge, get a handle on the situation. Otherwise all they get is no information apart from what's written in the cafcass report.
Cafcass READ your application before doing their report. It helps get them onside from the start.
If you want shared care/lives with both parents I would only apply on the paper form. The online form is "rigged" to only allow one address for who the children live with/. If you just want "spends time with" then it's ok to use the online form.
Start with what you're applying for and why in one brief paragraph. Then go onto briefly explain when you and your ex met, how long you were married, and when you separated - and what you agreed about the children at the time of separation (if you did - or possibly the circumstances if you feel appropriate). If since then you've met someone new then say you met your current partner on x date and whether or not they have met, or get on well with your children.
Then go on to describe the circumstances around why you're not seeing your children - eg that initially you were seeing them x days a week by agreement but then your ex did xyz and said xyz (don't say negative stuff about her though - just state the facts of the situation) and you tried to discuss the matter and have mediation but she decline (or whatever it was that happened).
You can then have a brief paragraph about how historically you were involved in childcare - what their favourite activities were with you and how these are now prevented - that kind of thing - and that you feel it's important to the children to have stability and significant and regular time with both parents and both extended families. If you have family nearby, mention that - like my Mother ( the childrens grandmother) lives 2 miles away and they used to visit her regularly.
Finally come back to your first paragraph and again say what you would like the court to order. Something like "I therefore respectfully request the court to make an order for the children to live with both their parents on a 2-2-5-5 basis and half the holidays with each parent with defined weeks - as follows:
With father
Week 1..........
Week 2 ..........
With Mother
Week 1 .............
Week 2 ................
Ideally you want to keep it to no more than a side of A4. Put your name and case number at the top and you can then attach it behind the page that has 5b on (ie its stapled in with the application).
What are asking for?
I think it's really important to have a good initial application - and how it's worded - Cafcass read this and form an opinion immediately. It's about the only time you have a voice until final hearing and it can set the tone for the proceedings. What you put will also be compared with what the ex says - so you sound reasonable and sensible and she sounds bonkers.
The other thing that's really important is being crystal clear what you want to be ordered - not vaguely - I want to spend time with my children as that is open to numerous interpretations.
Also so many C100's look exactly the same with minimal information before first hearing - yours needs to get some attention. And have you sound like a sound, child focused Father who is happy to co parent and wants the children to enjoy their lives with both parents. And explaining the circumstances immediately helps Cafcass and the Judge, get a handle on the situation. Otherwise all they get is no information apart from what's written in the cafcass report.
Cafcass READ your application before doing their report. It helps get them onside from the start.
If you want shared care/lives with both parents I would only apply on the paper form. The online form is "rigged" to only allow one address for who the children live with/. If you just want "spends time with" then it's ok to use the online form.
Last edited:
Just read back 
. So one thing that's important in your application is to state the previous history of time. So after the bit when you separated, you can say - "Mrs Ex and I agreed 50/50 care child arrangements at the time of separation and this was the case between x date and x date. On x date, while the divorce was going through Mrs Ex unilaterally changed the arrangement to three nights a week with me (6/14 nights) and is now wishing to reduce the time to 2 nights a week with me. I am not in agreement with this and wish to reinstate the 50/50 care the children had from the start which worked well as the children saw both of us regularly without any long gaps. Since I met my current partner, who has a child also, Mrs Ex's view seems to be that the Child Maintenance payments will increase if the children spend less nights with me. I am not in agreement with this being a reason to reduce the childrens schedule with me. I have attempted, at mediation, to reach a family based arrangement with Mrs Ex to avoid unexpected changes to Child Maintenance, but there has not been agreement so far."
Partly the above is because 5b likes you to not just say what you want but to show what the other person's view is and why you don't agree with it (in the hope you can persuade the court to agree with you).
I mentioned a family based arrangement because that might be a solution. It's not good being blackmailed over money but the way money is linked to child time is part of the problem. A family based arrangement is where you agree a sum of CM that stays the same, regardless of what the assessment is. So you could offer to leave the CM the same rather than have it reduced. Or you could propose a set sum of CM and agree to pay for various other things in addition (eg split the cost of school uniform and school trips). Mediation might be a good place to negotiate this. so go prepared.
If you only want to pay CM at the assessed rate then fair enough but she seems to be reducing time a) in retaliation and b) to get the CM increased again. One thing you could point out at mediation is that the extra money for one less night will not make a lot of difference and for the sake of keeping things amicable you'd be prepared to keep it at the same rate but don't think it's a reason to change the childrens parenting schedule.
Alternatively you could just stick to your guns and go through the courts. You might not get 50/50 back but you should get the three nights a week back (ie 6 nights out of 14) and you should be applying for "lives with both parents" shared care (not "spends time with" - because 6/14 is nearly 50/50.
There is a guide to filling out the C100 on here, but it's not finished yet! Didn't get as far as 5b. I moved it from the home page to resources and it lost the screenshot examples in the process so need to get that finished - but it'll give an idea. And it has some tips on what to put and what not to put.
www.dadswithkids.co.uk
. So one thing that's important in your application is to state the previous history of time. So after the bit when you separated, you can say - "Mrs Ex and I agreed 50/50 care child arrangements at the time of separation and this was the case between x date and x date. On x date, while the divorce was going through Mrs Ex unilaterally changed the arrangement to three nights a week with me (6/14 nights) and is now wishing to reduce the time to 2 nights a week with me. I am not in agreement with this and wish to reinstate the 50/50 care the children had from the start which worked well as the children saw both of us regularly without any long gaps. Since I met my current partner, who has a child also, Mrs Ex's view seems to be that the Child Maintenance payments will increase if the children spend less nights with me. I am not in agreement with this being a reason to reduce the childrens schedule with me. I have attempted, at mediation, to reach a family based arrangement with Mrs Ex to avoid unexpected changes to Child Maintenance, but there has not been agreement so far."Partly the above is because 5b likes you to not just say what you want but to show what the other person's view is and why you don't agree with it (in the hope you can persuade the court to agree with you).
I mentioned a family based arrangement because that might be a solution. It's not good being blackmailed over money but the way money is linked to child time is part of the problem. A family based arrangement is where you agree a sum of CM that stays the same, regardless of what the assessment is. So you could offer to leave the CM the same rather than have it reduced. Or you could propose a set sum of CM and agree to pay for various other things in addition (eg split the cost of school uniform and school trips). Mediation might be a good place to negotiate this. so go prepared.
If you only want to pay CM at the assessed rate then fair enough but she seems to be reducing time a) in retaliation and b) to get the CM increased again. One thing you could point out at mediation is that the extra money for one less night will not make a lot of difference and for the sake of keeping things amicable you'd be prepared to keep it at the same rate but don't think it's a reason to change the childrens parenting schedule.
Alternatively you could just stick to your guns and go through the courts. You might not get 50/50 back but you should get the three nights a week back (ie 6 nights out of 14) and you should be applying for "lives with both parents" shared care (not "spends time with" - because 6/14 is nearly 50/50.
There is a guide to filling out the C100 on here, but it's not finished yet! Didn't get as far as 5b. I moved it from the home page to resources and it lost the screenshot examples in the process so need to get that finished - but it'll give an idea. And it has some tips on what to put and what not to put.
How to complete the C100 Form
We thought a guide to completing the form could be useful. This is the C100 form for applying for a Child Arrangements Order, Specific Issues Order or Prohibited Steps Order. C100 form on .Gov website If you scroll down the page you will see...
www.dadswithkids.co.uk
Thanks Ash, I am gunning for 50/50 really. I have been threatened at reduction of time with my children on and off since seperation and all I want is for my kids to have an equal relationship with both parents. This sounds cliché but I'm a good dad and she's a good mum so why should either of us spend any less time than we have been.
She hasn't told me the reason for dropping is due to payments, for example one of the things is the schedule affecting the kids in school, however I've spoken to the school since her giving that reason and the teacher has no concerns.
She told the CMS it was 3 nights a week before finding out the payment she'd receive and then sent me a message 2 days later dropping it to 2 nights so it's obviously financially motivated. Shes very controlling, makes me feel like I have no say in their lives because she's their mother is the reason she gives alot of the time.
They've been living with my partner and her son since for 18 months now (couldn't drop payment because of consent order) and her son (future step son) is getting upset and crying because my kids aren't here like they usually are. My kids are also losing time with their grandma and my partner's family because of the recent demands too so it just doesn't affect my kids it affects others too.
I want to get my point across to the courts that it's obviously financially motivated and this doesn't just affect my kids but affects others too.
She hasn't told me the reason for dropping is due to payments, for example one of the things is the schedule affecting the kids in school, however I've spoken to the school since her giving that reason and the teacher has no concerns.
She told the CMS it was 3 nights a week before finding out the payment she'd receive and then sent me a message 2 days later dropping it to 2 nights so it's obviously financially motivated. Shes very controlling, makes me feel like I have no say in their lives because she's their mother is the reason she gives alot of the time.
They've been living with my partner and her son since for 18 months now (couldn't drop payment because of consent order) and her son (future step son) is getting upset and crying because my kids aren't here like they usually are. My kids are also losing time with their grandma and my partner's family because of the recent demands too so it just doesn't affect my kids it affects others too.
I want to get my point across to the courts that it's obviously financially motivated and this doesn't just affect my kids but affects others too.