Confused by the C100 Form or when to use Form FM1?

We were speaking tonight to a charity support worker who has noted litigants in person are struggling with the C100 form.

Confusion and delays are arising from people getting their copy of the form, and then finding the form recommends they also read the HMCTS guides CB1 and CB7... that they should complete CAFCASS's Parenting Plan... that they may also need form C1A... that they may wish to read EX50... that the form confused them as to whether they were or were not exempt from mediation (of the exemption criteria, only 4 are listed with the remainder lumped under 'Other' in Section 13).

Within our online guides, we've pulled together a single C100 Support Page with hyperlinks provided to all of the additional information, forms and guides which might be required to complete the C100, and this page is now linked to our Child Arrangements Orders, Specific Issue Orders and Prohibited Steps Orders pages.

With regard to our section 8 order application packs, content is listed below:

Child Arrangements Orders

• Our Mediation Guide
• Our Child Arrangements Orders Guide
• Our Child Arrangements Order Application Checklist
• Our Position Statement Guide
• Our Template for a Position Statement
• C100 Court Form
• C1A Court Form
• CB1 Guide Making an Application
• CB3 Guide Serving the Forms
• CB7 Guide for separated parents
• EX50 Guide Civil and family court fees
• EX160A Guide Court Fees - Do I have to pay them?
• CAP Process Flowchart

Specific Issue Orders

• Our Mediation Guide
• Our Specific Issue Order Guide
• Our Specific Issue Order Application Checklist
• Our Position Statement Guide
• Our Template for a Position Statement
• C100 Court Form
• C1A Court Form
• CB1 Guide Making an Application
• CB3 Guide Serving the Forms
• CB7 Guide for separated parents
• EX50 Guide Civil and family court fees
• EX160A Guide Court Fees - Do I have to pay them?

Prohibited Steps Orders

• Our Mediation Guide
• Our Prohibited Steps Order Guide
• Our Prohibited Steps Order Application Checklist (tailored for emergency applications)
• Our Position Statement Guide
• Our Template for a Position Statement
• Our Emergency Hearing Guide
• C100 Court Form
• C1A Court Form
• CB1 Guide Making an Application
• CB3 Guide Serving the Forms
• CB7 Guide for separated parents
• EX50 Guide Civil and family court fees
• EX160A Guide Court Fees - Do I have to pay them?

Mediation Forms

There remains some confusion over mediation and, if unsuccessful, exempt or mediation is inappropriate, when the Form FM1 should be completed and by whom. The Form FM1 should be completed by the litigant-in-person or a solicitor to accompany the C1 application form for applications for a parental responsibility order (or an order terminating parental responsibility), an order appointing or terminating the appointment of a Guardian, an order to change your child's surname, an order asking the court’s permission to remove the child abroad, or a special guardianship order (or an order terminating the appointment). If no exemption exists and following the Mediation Assessment and Information Meeting (MAIM) the Mediator finds mediation is inappropriate or unsuccessful, they too must complete the FM1 if one of the above orders is then sought.

For applications for section 8 orders (e.g. Child Arrangements, Specific Issue or Prohibited Steps Orders), the content of the FM1 form is embedded within the new C100 form so a separate FM1 form need not be completed.

Applications using Form C2 should also be accompanied by the Form FM1.

We've provided further clarification in our guides on these points.