Useful links and downloads:
Each application form has a specific purpose. I am here to guide you through the best way forward in your family court proceedings. The downloads below are of the most common application forms used but there are others that may be needed and of course, I will advise you if and when we need these;
Downloads (click to open and download):
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ALL FORMS - CLICK HERE
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Practice Guidance on McKenzie Friends
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Further guidance on McKenzie Friends
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Notice of McKenzie Friend
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Children Act 1989
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Family Law Act 2014
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C100 Application Form COURT FEE: £215
Under section 8 of the Children Act 1989, the C100 form is for;
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Child Arrangements Order
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Variation of Child Arrangements Order
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Prohibitive Steps Order
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Specific Issue Order
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Special Guardianship Order
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C79 Application for Enforcement Order COURT FEE:
Application form to enforce an existing Child Arrangements Order.
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FL401 Application Form COURT FEE: NO CHARGE/FREE
Ask the court to order a named person not to use or threaten violence against you or your child, or to be excluded from the property in which you both live:
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Non-Molestation Order: A non-molestation order protects you from someone who has harassed, used or threatened to use violence against you or your children.
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Occupation Order: An occupation order controls who can live in the family home or enter the surrounding area for the duration order. You need to be an ‘associated person’ to apply for this order.
C650 Application Form COURT FEE: £
Application notice to vary or set aside an order in relation to children
(drug and/or alcohol toxicology test after 2010).
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D8 Divorce Application (April 2022 Version)
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C2 Application
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N161 Appeal Application
Making child arrangements if you divorce or separate
Court Fees
Preparation of Court Bundles in line with Practice Direction 27A
The Welfare Checklist
Welfare of children
In family proceedings involving children, the welfare of a child is of paramount concern to the court. The child’s welfare is their priority.
What is the Welfare Checklist?
When the family court is making a decision on matters that will affect a child, the courts are required to look at the welfare of the child as the most important consideration. The welfare checklist consists of seven statutory criteria that the courts must consider under the Children Act 1989 when reaching its decision in cases involving children.
What is the criteria?
The seven criteria set out in the welfare checklist under s1(3) Children Act 1989 are:
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The ascertainable wishes and feelings of the child concerned
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The child’s physical, emotional and educational needs
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The likely effect on the child if circumstances changed as a result of the court’s decision
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The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
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Any harm the child has suffered or maybe at risk of suffering
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Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs
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The powers available to the court in the given proceedings
1. The ascertainable wishes and feelings of the child concerned
The court must consider the wishes and feelings of the child, taking into account the child’s age and level of understanding in the circumstances. This will normally be determined by the Children and Family Court Advisory and Support Service (CAFCASS) or social services, and reported to the court. In some cases, a judge may speak directly with a child to determine their wishes and feelings if this is deemed necessary.
The court will take into account whether or not a child’s wishes and feelings are their own, or whether outside factors may have influenced their decisions. There may also be a conflict of opinion between the parents’/guardians’ views and that of the child. The court will balance the views of the parties concerned, including the views of a child who is of an understanding age and mature enough to form their own opinions.
2. The child’s physical, emotional and educational needs
The court will consider who is in the best position to provide for the child’s emotional, physical and educational needs. A child’s emotional needs can be more difficult to deal with, and the court will consider who is best able to provide for the emotional needs of the child – both short term and long term.
3. The likely effect on the child of changes in circumstances
The potential impact of changes to the child’s life will be considered. The courts will aim to make an order that causes the least disruption to a child’s life, however, this will be balanced against the other factors to be considered.
4. The child’s age, sex, background and other relevant characteristics
The court will consider specific issues such as religion, race and culture when making a decision about a child. They may also take the parents’/guardians’ hobbies and lifestyle choices into account if they feel this will impact the child’s life, either now or in future.
5. Risk of harm to the child
The courts will look at the risk of harm to the child. This means immediate risk of harm, as well as the risk of harm in the future. ‘Harm’ includes physical, emotional and mental harm. The courts will weigh up the potential risk of harm to the child in future and make an order as appropriate. An order may include safety measures to protect the child.
6. Parents’ ability to meet the child’s needs
The courts will consider how able each parent is to care for the child and to meet their particular needs. This will be subjective and depend on the facts and circumstance of each case – the needs of the child and the abilities of the parents concerned.
7. The range of powers available to the courts
The court must weigh up all the factors under the welfare checklist, and consider all available orders within their discretion. It will then make the best order available that is in the best interests of the child.
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CLICK HERE FOR POINTERS WHEN DEALING WITH CAFCASS
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