Child Arrangements By Going Through The Court Process

If there is a chance, even a small one, that you and your ex-partner can sort out your child arrangements between yourselves privately or through mediation, then we would encourage you to do so. If this is the case and you both can do this then please click on the link below and then read box 1 or box 2. We will give you an overview of what you can include in your child arrangements agreement and how to get the court to approve it.

LINK TO OUR L.I.P HELP GUIDE FOR CHILD ARRANGEMENTS AFTER FAMILY BREAKDOWN SUCH AS DIVORCE OR SEPARATION – do it yourself child arrangements and child arrangements with mediation help.

If you cannot reach an agreement then the only avenue is to go through the court process and let them help or decide for you and your ex-partner. But we must warn you this can be an expensive, traumatic and time consuming process if solicitors and barristers are involved. If you are not entitled to legal aid and do not want to or cannot pay the high fees of solicitors and barristers then you can go through the family courts as a litigant in person (a person involved in court proceedings and is not represented by a solicitor or barrister). This can be scary and daunting, but this Help Guide will help you learn the whole court process and which court forms you may need. Please click on and read boxes 1 – 13 below. You will be shown what to do and taken through the many aspects of child arrangements so you feel in control and on top of things.

Please note child arrangements was previously known as child custody, child access, residence arrangements, and child contact.

BOX 1 – Will take you, step by step, through the whole court process of child arrangements if you cannot come to a private arrangement yourselves or through mediation. This will include the process of you making the initial application to the family court to start proceedings and your ex-partner responding to this application.
BOXES 2 & 3 – Will take you through the forms you may need throughout the whole process.
BOX 4 – Will take you through the statements and bundles you may need to produce for the court.
BOX 5 – Will go through the forms used if you want to appeal a court hearing & what is a court transcript.
BOX 6 – Will explain who are Cafcass, the different types of child reports that the court may ask for and the welfare checklist.
BOX 7 – Will briefly explain what specific child arrangement terms mean and the different types of child arrangement court orders you can apply for.
BOX 8 – Will explain what a ‘with notice’ and ‘without notice (ex parte)’ court application means.
BOX 9 – Will explain the process of taking a McKenzie friend with you into the courtroom.
BOX 10 – Will explain in detail the time leading up to the day of your hearing, the process of arriving in court, what to do in the courtroom, remote phone and video call hearings, and the charity ‘support through court‘.
BOX 11 – Here we discuss alienation & the child.
BOX 12 – Is about the effect divorce has on children of different ages.
BOX 13 – Will take you through child proceedings in the family court & domestic violence.
BOX 14 – Here we will explain all the methods available to you to send your documents and files to the family court.

1

A Basic Step By Step Account Of The Whole Court Process Of Child Arrangements, Including Making The Initial Child Arrangements Application And Responding To An Application

2

The Main Forms You Will Need In The Court Process For Child Arrangements

1) Form C100
2) Form C1A
3) Form C8
4) Form C7
5) Form C2
6) Form C1
7) Form C4
8) Form C3
9) Form C78
10) Form C79
11) Form C (PRA 1, 2 & 3)
12) Form C120
13) Form FM1
14) Scott Schedule
15) Form C13A

3

Other Important Forms You May Need

1) Form EX160
2) Form LOCO19
3) Form LOCO19 - minor
4) Form FL401
5) Form FL401T
6) Form FL403
7) McKenzie Friend Form
8) Form N434
9) Form FP9
10) Form FP6
11) Form EX740
12) Form EX741
13) Form FC600
14) Form GRO 185

4

Statements, Documents, And Bundles You May Need To Produce For The Court Process Of Child Arrangements

1) Witness Statement
2) Form C120
3) Position Statement
4) Bundle
5) Draft Consent Agreement
6) Chronology

5

1) Forms Used In The Appeals Process

1) Form N161
2) Form FP161
3) Form EX107
4) Form EX105
5) Form N162
6) Form N244
7) Form FP244
8) Form N163

2) What is A Court Transcript?

6

Who Are Cafcass, Different Types Of Child Reports Explained & The Welfare Checklist

1) Who are Cafcass?
2_ Different Types Of Child Reports Explained.
3) The Welfare Checklist

7

Child Arrangement Terms & Court Orders Explained

1) Live With Order
2) Contact Order
3) Specific Issue Order
4) Prohibited Steps Order
5) Family Assistance Order
6) Consent Order
7) Enforcement of a Child Arrangements Order
8) Occupation Order
9) Non-Molestation Order
10) With notice and without notice (ex parte) court application.
11) Wasted Costs Order
12) The Slip Rule
13) Trapped Capital In Terms Of Legal Aid

8

What Is A 'With Notice' And 'Without Notice (Ex-Parte)' Court Application?

9

What Is A McKenzie Friend?

10

The Time Leading Up To The Day Of Your Hearing, The Process Of Arriving In Court, What To Do In The Courtroom, Remote Phone And Video Call Hearing, And The Charity 'Support Through Court'.