Completing the C100 and Recent Changes

Hello. Welcome, everybody. My name's after Mahmoud on my solicitor and lecturer in family law on. I'm very pleased to welcome you to today's by psy session where I'm going to be taking you through some aspects off drafting in private Children or cases and particularly completing the form C 100 also someone changes to its form. Off late, eso will be looking at this form will be considered to see 100 particularly looking at some of the changes to this form with reference to the my arm duster Mediation. Information on assessment meeting changes us from January 2018 as a result of the changes to public funding recently, I'll also be taking the six somebody tricky issues in completing the form C 100. We'll be looking at really aspect. So I think, does the applicant need the court's permission, for example, will be looking at the mine requirements as I mentioned on also the position with respondents Andi persons to whom notice be given, I'll be taking you through some aspects also of matters relating to capacity and also jurisdiction issues and also whether or not the applications are being sort without notice or otherwise so ready to start off with them. What you would find helpful is if you did have a copy of the form C 100 close bind. And as I'm really going to, this form with you would be helpful for you to turned to this under gold through it alongside me, discussing it with you. So, one of the first things that these would perform C 100. You'll see that this is used them to apply for a Section eight or Section eight of the Children accident before a child Arrangements order, which Aziz covers two aspects it covers spending time with or otherwise have in contact with what used to be called a contact order. And also it covers living with So that has replaced what we used to call the residents order. So if you're applying for a child arrangements order specifying, I've had living with our spending time with otherwise on contact with And of course, it's a Section eight order and handsy 100 is used. You would also use a C 100 if you're pursuing gate prohibited steps order or a pretty specific issue order, or if you're applying to vary or discharge also seek permission to make a Section eight order. So, in fact, to see 100 you couldn't see is useful. A number of situations. They're sort of front page of the form. Simply enough. He set out the names of the applicant under respondents. Now the respondents are important because those are people with prevent or responsibility eso if the mother is applying, for example for, say, a child arrangements order, especially find out a child lives with her on site. The respondent is her ex husband. Then he will have parental responsibility and therefore he would be put down as a respondent. The Children are not ordinarily responded to private Children or cases unless they are actually joined US parties. They are therefore subject to the 16.4 appointment, which is 16.4 of the Route 16.4. To find. The procedure is 2000 and 10 which allows the court to enabled a child to be made a party and in turn therefore to allow representation. Whether it's the cuffed us. Otherwise so, Children ordinarily wouldn't be response unless, like say they are parties to the private Children or, uh application, there may well be other respondents to maybe other persons. Would Parenteau responsibility so under front before you would normally indicate which ordered orders, the person's going forth, whether it's child arrangements, prudent steps for specific issue on day or so to specify in terms of child arrangements, whether it is living with was spending time with otherwise having contact with, not the reserve form, which may accompany to form C 100 thus form C one A. On this. So this is where if there was an allegation being made that the person has experienced always experience and calm by any person who is having contact with a child in the form of any form of domestic abuse, child abduction, child abuse, drugs or alcohol substance receives while the safety concerns in the form see when they could be completed in order to enable then information to be provided us to those specific allegations on um on the front of the form. There's all soldered boxes that would take custody whether the person is seeking permission, whether there's existing proceedings, for example, with nurture hearing is needed where the desert me into the international aspects. Otherwise so Therefore, those matters would protect an hour. Go through the various sections of the form with you to really pick up on somebody's issues. Now one of the key aspects other aspect sort of form is that which relates to data Children themselves. Of course, in terms of specifying on making sure that we have their full names and this Israel, I would suggest it's very important to be able to get the proper four named a child middle names very important to ensure that was clear. So therefore, getting the birth certificate, it is very important to have to ensure you've got the correct spelling off the child's name and also really to see what the position if you pull into responsibility. So getting your hands on the best difficult off the child to see whether, for example, the father's name is registered on recorded as a chance father, which made and suggest that he also has parental responsibility. So those aspects very important and in fact page to order form requires you to then set out the full name of the child on data birth. On also details of what order is being applied for and also details off the respondents on but also of the applicant indoors. Circumstances so again very important to specify this on dear to see 100 would be completed as part of child arrangements program. That's back destruction. 12 b, which sets out a procedure for private Children. Law cases As you concede this forward than need to be setting out the nature of the applications that are being sort, whether its charter arrangements where they spoke to steps, whether it's specific issue with it. Permission for these, whether it's up occasional very these on that. This is where Page three or deformed and specifically requires information to be provided as to whether any of the Children known to local authority and, if so, which child under details of their social workers known on again. This is to ensure that the courts then made a wears to any child protection issues. It's far as that is concerned. Also, Page three requires you to set up specifically who has parental responsibility for the child on down on what basis. So again, it's very important to be clear as to that. And so Fars fathers are concerned you you'll be aware that they are different situations, which would specify whether the father has parental responsibility for trout check, see whether he has or his motor child's mother. Check to see, for example, with the reserves. Parental Responsibility Agreement, whether he's got parental responsibility. Order under Section four of the Children Act was a child's many registered off the first of December 2003 in which case is the father's name recorded as the chance have recorded on the chance burst. If that did the father go with the mother jointly to register the baby's name, that which would give him print responsibility. So those kind of situations you need to look at as a father already got the benefit of a child Arrangements Order specifying living with, for example, Look at all of those aspects. Also, page freedom requires you to set up details off where the Children are currently residing. Theun Page four Off deform has recently been amended than in relation to the requirement to attend my AM dust mediation Information on assessment meeting on that This part then has changed recently, as I mentioned as a result of the changes that have come about as a result, off the changes to public funding us on the eighth of January 2000 on 18th on what they specifies the mind requirements, even though these came into effect back in April 2011 what the final procedures came in. The requirements for these have changed over the years, it in line with the changes that have been made to public funding. So what really specifies is that before one applies for the private Children order than unless the person concerned is exempt, there is a requirement for them to attend the mediation information and assessment meeting where I have this meeting. Unauthorized family mediator. Well, consider with this person with the applicant and also the other party if they attend either together or separately. Whether family mediation, another form off non court is be resolution, be more profit on. This is where, effectively this gives the opportunity for the clients to be able to look at other ways of resolving matters other than through litigation. So, for example, using mediation using, for example, collaborative law using, for example, family law arbitration and therefore we're looking at some of the other options. It's far as that is concerned. What did specifies on What the family procedures provide for is that the person must have attended a Mayan before making the application. Unless the requirements to attend a mind do not apply because, for example, apply for consent order or the case concerns the child who is the subject of separate, ongoing and made see perceiving care proceedings or supervision order proceedings or they're exempt from attained. On my meeting on that those exemptions some which declined, can claim themselves others, which the exemption is be authorized by the family mediator. So again, very important, too, in short of that provision, has been provided. For then what you'll find is the next few pages off the form you've got pages at 5678 Mind off the form specifically set out the positions running at a position with the my um sold. For example, Page five sets out the fact that the applicant may claim exemption for me attendance of my meeting if there are, for example, relying upon domestic violence. Uh, with this child protection concerns, we for insurgent, for example, say you need emergent prohibited steps order, for example, to prefer separate a child from being taken out of jurisdiction, for example. And of course, the Mayan meeting would would simply be inappropriate in the circumstances. For example, if, for example, the pier of previous mime attendants took place or previous mime exemption or some other reasons as far as the domestic vice is concerned, those of you who do public funding work will be aware that the 20 deep 5 24 months on the five year limit that we had in so far as domestic violence for five years and the child abuse for 24 months has not gone insofar as public funding is concerned and they find turn, this is also now changed the position of the Mayan exemption. So once doing needs to establish domestic violence if, for example, could get evidence that terms at the other person was arrested, for example, for development domestic violence offence Swift is evidence of a police caution. For example, criminal proceedings for domestic funds, offence evidence of relevant conviction, for example, with dessert binding over or domestic violence protection notice or relevant protective injunction, for example, one undertakings or if there's a finding of fact that those are just really some off the list off evidence that could be obtained to show evidence off domestic funds and therefore this very much force, very much in line with the evidence that one would get to be to get public funding. There's also under child protection concerns that one, maybe to rely upon so that the child concerned. It's subject to, for example, section 47 enquiries or the subject of a child protection plan, for example, or if the matter is urgent, for example, of the exemptions there on Sometimes that's where, for example, the mediator is able to certify that in the four months prior to making the application of person did previously attend a Mayan or participated another form of my uncle dispute resolution. I'm substantially the same issue indoor circumstances. So you got those form of exemptions also, for example. Okay, so you got that provision. Then Page 10 or deformed requires the client then to have to specify whether or not they need permission. And this is where if they do need permission, it's very important for you to be clear. Therefore, whether they come within Section 10 subsection four of the Children actor Section 10 subsection five of its Children that Section 10 subsection four covers situations whereby persons can apply for section eight. Order of that come within that provision if doubt, for example, the payment of a child. Section 10 subsection five covers are another category persons who can apply for child of dangerous orders. For example, if the child has lived with a relative for paid of at least 12 months, immediately preceding the application. If, for example, the child is currently in looked after by the local authority. Charles in the care of the local authority on you've got the consent of local authority, for example, they can come under 10 5 or or if you've got the consent of all other people, parental responsibility, for example. So there's a number of situations where you would come under section 10 5 if he didn't come within Section 10 4 10 5 and permission is required. And if without permission would need to be sort on the Section 10 subsection line of Children. Act by should by looking at a test of looking at your commitment, your attachment, why you're applying your reasons for applying, and if the child looked after by the local authority what their plans are for the child on whether it is like being a disruption to be proceedings if if the application is pursued, okay, the four more so on page 10 requires information to be provided in relation 20 previous agreements between the parties. Now one of the other aspects you need to ask yourself when pursuing these orders is whether the application is being sort without notice or otherwise. What we used to call it X partakes. And this is where Page 11 of the form specifically requires the person to confirm as to whether an urgent hearing is acquired or within without notice. Hearing is required and if we're not to give notice to the respondent parties, indoor circumstances. So therefore one would need to set down out under on the reasons for that. And if, without notice, hearing has been sword, then add. One needs to set out why. This is sort of what the risks are too. Person. If if Maltese was given to the other person in the second stances, so Page 11 12 would specify on set up that provision now does then provision, which would need to be fired insofar as the position on Page 13 with other court cases which concerned the Children. So if there are existing proceedings related to a child up to time or they have been previously relation to this child, then that needs to be provided particularly, for example, has been, say, local authority proceedings in that regard, so you would need to provide details of that now. The other provisions, which is page 14 of the form, is that which relates to the aspects of learning cases with an international element. Saw that you'll be aware process to revised saw that if there is a connection that the child, or indeed apparent towards some of the potentially significant adult has with another member state on different shoes over habitual residents, then that is something that needs to be determined first English if in the case has been brought to England, Wells Andi, English Awash Court has been asked to deal with it than we would need to be up to sat satisfy ourselves that the court has jurisdiction based on habitual residence in in the Mains. Even if English court English Welsh court does have jurisdiction, that doesn't mean that they should necessarily deal with the child's case because this is where we need to be clear about Brussels to revised insofar as the position with Article 15 in particular on Article 55 for example, were to ask yourselves that if the child, for example, does have a connection with another member state, I will say the parent does, or some other significant persons they need to ask ourselves whether the other member state is best placed to deal with the child's case or whether it should be in English or Welsh courts. On that she were based upon what's in the child's best interests. And this is where they may be in need to be a request made to a central authority, uh, other competent will fought in a foreign State Council authority. In those circumstances that you invite comments dusty, whether or not it would be appropriate for the other member states deal with the child's case where they should be. England Wells. The other aspect on Page 14 is that which relates to issues related to capacity, ability to participate in proceeding. So if there's any aspect surrounding litigation capacity, for example, whether side apparent, for example, may not have litigation capacity or there may be a question mark as to whether they do, and this is where we need to think about referrals. Dollar made when you think about assessment. Still, donna me to think about whether there is a need for assessments to be donated insofar as the position with litigation capacity. Because, if declined concerned, it does not have litigation capacities that this is where we need to ensure that as a protective party in the park for 15 off the family procedurals, they are entitled to then be appropriately represented. And that means that we have to look to see if there is a litigation friend that could be identified for them on in the absence of I didn't finding an appropriate litigation friend and all circumstances. And this is where there may be a need to invite the officials lister to be the litigator friend on behalf of the person concerned that also, there is a need on page 15 to set out specifically whether an interpreter is required, if so, with which language indoor circumstance and also whether or not there is a need for an intermediary, for example, or in issues of a disability or special assistance at this very much ties in with the position with dee participation directions which have come into effect as one. The 27th of November 2017 now contained within Part three A off the fpr on practice direction. Three. A, then paid 16 sets out information to be set up specifically in so far as the position where the applicant is concerned. That's a name, address, gender, date of birth, place of birth and address on details, us to home telephone number and so forth. Of course, if some of this information the applicant feels they need to keep without, such as their address, then there should be completing a form C eight on and on and sending that with the court with this form C 100 then not putting their address. Of course, under form seen 100 then paid 17 requires information to be set out. US to the respondent or respondents or D tells us to themselves to ensure that doubt put here so that they would then be a properly served of the documentation. And this is where Page 18 in particular sets out information as far as others to whom notice to be is to be given. That's why it's very important effort to ascertain us. To Here is a respondent on who it's not a respondent and therefore who is entirely to be given notice. The persons who untouched, given notice. Our first and foremost the unmarried father who may not have parental responsibility, for example, has been and is in touch to be given notice. It is not going to be treated as a respondent on also any other person with whom the child was living with at the point at which the application is being made. The rest of the former Freddie straightforward insofar as the checklists, making sure that the relevant sections are completed and also the position with the state of truth and signature conceived with this form, the key aspects and the ones that sometimes cause difficulties are being clearest to who to respond is and who's to who is therefore respondent who is to be given notice. The position would ensuring that the issue of capacities down with on also jurisdiction issues as well as worth or not the application is being made without notice or otherwise. I hope that's been in use for four years so far is going through some of the elements. So I think the form C 100 your first said you picked up a number of issues there to help you as you're completing the form. Can I thank you very much indeed. For listing on. I'll speak you next time. Thank you very much by from that.