Children Act proceedings received – what do I do?

Facing legal proceedings involving children can be a daunting and emotionally challenging experience. If you find yourself served with a C100 application under the Children Act 1989, it is crucial that you quickly try to get to grips with your rights and responsibilities. This blog post aims to provide you with an understanding into what you should do if you are served with a “C100 application” – and an insight into how to go about starting to navigate the complicated world of Children Act proceedings.

Understanding the C100 application – the C100 application is a court form used in family law cases within England and Wales, specifically under the Children Act 1989. This application initiates proceedings related to children, such as issues associated with living arrangements, spending time arrangements and parental responsibility. If you are served with a C100 application it means that someone – often the other parent – is seeking a court order in relation to your child or children.

Stay calm and seek independent legal advice – on receiving a C100 application, it is natural to feel overwhelmed and anxious. It is essential, however, to stay calm and avoid making hasty decisions. You need to respond, not react, and preferably through a solicitor. Seeking independent legal advice should be your first step. Consult an experienced family law solicitor who can guide you through the legal process, explain the legal position for both you and your child or children, and help you understand the implications of the application.

Read the application thoroughly – carefully read the C100 application and try to understand the nature of the orders the court is being asked to make. This document will outline the specific issues the applicant – probably the other parent – is bringing before the court. Take your time to absorb the information and take notes on anything you find confusing or concerning so that you are clear what you need advice on.

Respond promptly – the court will set a specific deadline for you to respond to the C100 application. Failing to respond within the stipulated timeframe might prejudice your position, so work closely with your solicitor to craft a well-considered response that addresses each point raised in the application and indeed puts any others you feel should also be before the court.

Attend any court hearings – it will be crucial for you to attend all and any scheduled hearings. Failing to do so could negatively impact the court’s perception of your commitment to the process and indeed your child or children. Follow your solicitor’s advice on presenting your case effectively, providing input promptly and completely when asked.

Comply with court orders – the court is likely to issue orders setting out various deadlines during the proceedings, and you and your solicitor if applicable should be aiming to comply with those to avoid legal complications and / or harming your position.

Focus on the child’s best interests – your solicitor should provide you with specific advice on your legal position, and the prospect of your position rather than that of the other parent being accepted by the court. You are well advised though to remember that these proceedings are to focus on the child or children and what is in their best interests, rather than what works best for you or the other parent. Your family will be under the spotlight and that can be uncomfortable, but the court will genuinely be trying to understand your family dynamic and circumstances and what living and spending time with arrangements will work best.

Not many relish the prospect of contacting a solicitor, and here at Franklins we are realistic about that. We try to make the process of instructing us as easy and pain free as possible. We offer an initial appointment for a cost of £195, during which we try to give you an understanding of your legal position and what the future might hold.