In UK, if you want to spend time with your child after separation from your spouse, you don’t get the right, according to the Gov UK Parental Rights and Responsibilities law. This is even where there are no Safeguarding issues and where there was a good relationship, being a ‘good enough’ parent. You might be lucky where the other parent is not pathogenic, disagreeable, there may be no encapsulated delusion of you being unsafe, there are no disputes and you can talk it out between you without family court intervention. But what happens if access is denied, gatekept, obstructed, informal agreement not kept to? Introducing the Form C100 – who has contact, who has primary care.

If God is for us, who can be against us (Romans 8:31).

You’re a parent with parental responsibility, you are on the birth certificate. But you’re realizing that there is no consistency with when you’re ‘allowed’ to see the children, or being denied access altogether – by the other parent. It’s distressing, confusing, disempowering, and the only option now available is to go through Family Court. You’ve realized a need to ‘formalise the child arrangements’. I’m not going to cover the pitfalls. I won’t comment, explain the complexities, the costs or the question of whether it’s actually worth taking this to court. I’m simply going to cover what the process could look like – if all goes well.

To start the process off, you’ll need to apply for a court order to make arrangements for your child’s upbringing or to resolve a dispute about your child’s upbringing. On the Gov.UK website, it’s worded as applying “for a ‘child arrangements’, ‘prohibited steps’ or ‘specific issue’ order”, which is covered under the Children Act 1989. The form you need is a Form C100, available for download on the Gov.UK website. This kick-starts the court process for a Child Arrangement Order.

Before you complete and submit the Form C100, you’re legally required to attend and complete a MIAM meeting (Mediation Information Assessment Meeting). This will be with an authorised family mediation service. The purpose of the MIAM meeting is to hopefully resolve disputes (I’ve promised not to comment!) which will reduce time in court or avoid it completely, and to learn more about mediation. There can also be reasons for not attending a MIAM meeting. More information is available on the Family Mediation Council website.

MIAM completed, it’s time to complete the Form C100 online or the downloaded form. Just a quick note, Northern Ireland and Scotland have a different process. Bear in mind, there may have been false allegations long before you apply for the Form C100. This complicates matters because it now includes civil disputes as well as family disputes. For example, you might have a Non Molestation Order (NMO) served on you. These allegations may have nothing to do with the child, but it will generally result in the social services being involved. In theory, this is nothing to do with the C100, social services are ‘just’ investigating the allegations. I did say I wouldn’t comment, but I feel I must for this – beware, social services has not earned a good reputation in these circumstances and the separated parent has found him or herself in difficult situations i.e. being disbelieved, a Safeguarding issue from allegations made, even where you’ve been told by authorities that there’s nothing to worry about and knew the allegations were false.

Form C100 completed and submitted to the courts, you’ll be waiting a while – these court proceedings are lengthy. In the meantime, the other parent will receive a copy of the C100, and will have the opportunity to complete a Form C7 as the ‘Respondent’ to respond to the C100. Allegations could still continue to be made during this time – false or otherwise. If there has been domestic abuse or child abuse, either parent can complete the Form C1A. With the nature of high conflict separations and child arrangement disputes, be prepared for false allegations to be made.

The C100 triggers CAFCASS (Child and Family Court Advisory and Support Service) who will investigate the situation between you, your spouse / ex and your child; CAFCASS is looking for child Safeguarding issues. CAFCASS will include the details of the false allegations in their case notes. Both parents can expect a phone call from CAFCASS lasting approximately one hour. CAFCASS will be gathering ‘facts’ to determine the situation and the details written on the Form C100. Once the report is written, CAFCASS will share the report with each parent. At this point, you and the other parent will be given the opportunity to identify factual inaccuracies such as dates, names and words that the CAFCASS reporter has said; ‘inaccuracies’ does not mean events that were not true i.e. details of what the other parent said.

This initial background check informs CAFCASS of the recommendations they’ll make via a letter to the court about who the child should stay with and whether there is a Safeguarding concern. At some point, you’ll then receive a court date for a First Hearing Dispute Resolution Appointment (FHDRA) to look at any issues identified between the two parents and child, and to ascertain the next steps. CAFCASS doesn’t always attend the initial court hearing. In the submitted report, CAFCASS will generally include the Non Molestation Order (NMO) and other false (or otherwise) allegations. This is a bit naughty (understatement) because the NMO is ‘civil court’ and the Form C100 is ‘family court’.

If the CAFCASS report recommends ‘no contact at this point’ because of Safeguarding concerns – even though you have evidence to show there are no Safeguarding issues – the magistrate will go with CAFCASS decision. And here’s where we run into serious problems with time away from your child, while these Safeguarding issues and allegations are investigated. No final decision is made yet about who the child will live with / spend time with. However, any interim decision made could remain as is, or change in the final hearing, which will possibly be months yet. If the interim (and final) child arrangements order is not being adhered to i.e. if it needs enforcing, or if you want changes to be made to an existing enforcement order, you’ll need to complete a Form C79.

It’s important to note that at this point, there’s no telling what will happen next – it’s complex because although there is a process the court follows, it isn’t sufficient for parental gatekeeping and child arrangement resolution cases. Remember, you’re dealing with a pathology, a disagreeable person, possible false allegations. Also remember, the Family Justice Council Guidance (Dec 2024) places emphasis on ‘domestic abuse’ and discredits ‘parental alienation’ as ‘rare’. Where ‘domestic abuse’ and possible Non Molestation Orders are in the mix, you’re now dealing with family court and civil court. This means you could have a magistrate who is not experienced in the civil issues. On that note, expect to be seen by a magistrate; these are members of the public, they are not specialists. If you’re not happy with the result, or if you have the money from the start, you can request a judge to deal with the case.

In the first hearing, the court can order CAFCASS to conduct a Section 7 Fact Finding to ascertain the child’s needs, feelings, wishes and any other concerns i.e. to explore the Safeguarding issues that had been identified throughout the process so far.

CAFCASS is now going to collect a lot of information from all agencies e.g. police, school, medical etc. I’ll save this for the next blog.

Summary

Before submitting any form, you’re legally required to attend MIAM mediation. The Form C100 starts the process of formal child arrangement (prohibited steps) order when you’re being blocked or obstructed in your parenting as the separated parent. The Form C7 gives the Respondent an opportunity to the C100. The C100 triggers involvement of CAFCASS. Where allegations are made, social services will also intervene. Either parent will complete a C1A where any form of abuse is involved. CAFCASS will talk with both parents and collate the information in a report that will be submitted to court with recommendations. You’ll receive a date to attend a First Hearing Dispute Resolution Appointment. At this Hearing, if there are Safeguarding concerns, the court will order CAFCASS to conduct a Section 7 Fact Finding. There will be other hearings, leading to a ‘final’ hearing.

Final Note

What I’ve outlined, that’s typically how these cases are supposed to play out. However, it varies – and it can be unpredictable. Court date changes, ‘no-shows’, re-arrangements, further allegations – it’s not always smooth or linear. Do also expect a lot of time to pass. If you’re being represented, this is not going to be cheap, and getting legal aid is not easy – you not only have to prove domestic abuse, you also have to find a solicitor or firm who will accept legal aid and who is available for you to hire.

In the video below, I also talk through the Section 7 Fact Finding and the Hearing, the Section 47 report and what the whole process might look like. Many things can go wrong with the Child Arrangement Orders process.

This information has been compiled through speaking with hundreds of alienated / obstructed parents across UK who I’ve spoken with in person, on video conference calls, on the phone, via emails and in support sessions I used to hold and have feedback from the County Hosts I used to manage and support. Please do add your experience in the Comments section below – just be mindful of your identity and Contempt of Court.

Kevin R Webb (MEd.L, BEd., BA Found., QTS), Somatic Trauma Informed Narcissistic Abuse Coach

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