NEW CHILDREN ACT FORMS

(Some links are to PDF files.)









































The Family Proceedings (Amendment) (No. 2) Rules 2008 amend existing Children
Act form C1 and prescribe new Children Act forms
C78, C79 and C100 for use on or
after the 8th December 2008, when the remaining sections of the
Children and
Adoption Act 2006 will come into force. I’ll go through the forms in that order:

The
new Form C1 is essentially the same as the old form, but will now only be used
if you are not applying for a section 8 order, or an order related to enforcement of
a contact order, in which case you will use one of the forms below. In private law
matters, the most likely use of Form C1 will be when applying for a Parental
Responsibility Order.

Forms C78 and C79 relate to enforcement of a contact order. In order to make an
application for an enforcement order or for financial compensation there must first
be a contact order containing a warning notice explaining the consequences if
anyone subject to the contact order fails to comply with the requirements of the
order. Contact orders issued on or after the 8th December 2008 will contain a
warning notice, but contact orders made before that date will not. Accordingly,
before an application can be made for enforcement of an ‘old’ order, an application
must first be made on Form C78 for a warning notice to be attached to the contact
order.

Form C78 seems pretty straightforward, requiring the applicant(s) to give details of
the contact order, themselves, the children, the respondent(s) and any other
current court cases which concern the child(ren). Note that no grounds for the
application are required. There is a fee payable on the application and the form
helpfully refers to the County Court Fees list
EX50, but the only reference in EX50
to fees on children applications is the original issue fee of £175. Is that fee
payable? I would suggest that the appropriate fee, under the
Family Proceedings
Fees (Amendment) (No.2) Order 2007, is either £40 if the application is by consent
(unlikely!) – fee 4.1, or £80 if it is not – fee 4.3.

Form C79 is the actual Application Related to Enforcement of a Contact Order.
Again, it requires the applicant(s) to give details of the contact order, themselves,
the children, the respondent(s) and any other current court cases which concern
the child(ren). In addition, the applicant(s) must state what order(s) they are
applying for (enforcement order, order for compensation for financial loss, etc.)
and, in section 7, the reasons why they are making the application. Section C of
explanatory note leaflet
CB5 is helpful here setting out, in layman’s terms, what
orders may be applied for. Again, there is a fee payable on the application, and
again I suggest that it should be £80.

Form C100 is the new form of application for orders under section 8 of the Children
Act 1989. The information required by the form is similar to the old Form C1, but the
form is much more clearly laid out. One or two differences I have noticed is that the
applicant(s) must state whether they have applied for leave to make the
application, or whether leave is not required, they must state their place of birth,
their previous address if they have not lived at their present address for more than
5 years and whether or not they have used mediation. There is a very helpful
guidance booklet
CB1 available, which should be particularly useful for litigants in
person. The fee payable on the application remains as before, i.e. £175.


John Bolch

4th December 2008.
All original content copyright (c) John Bolch 2008