Q&As

In proceedings under the Children Act 1989 (ChA 1989) can a Form C1A (Allegations of harm and domestic violence (supplemental information form)) be filed after an application in Form C100 for an order under ChA 1989, s 8 has been issued? If the Form C1A is filed late, and the respondent does not respond to it, can the court draw inferences from that lack of response?

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Produced in partnership with Tori Adams of 4 King’s Bench Walk
Published on LexisPSL on 14/02/2020

The following Family Q&A Produced in partnership with Tori Adams of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • In proceedings under the Children Act 1989 (ChA 1989) can a Form C1A (Allegations of harm and domestic violence (supplemental information form)) be filed after an application in Form C100 for an order under ChA 1989, s 8 has been issued? If the Form C1A is filed late, and the respondent does not respond to it, can the court draw inferences from that lack of response?

Form C100 is the form on which a party can make an application to the court for a child arrangements order, prohibited steps order or specific issue order under section 8 of the Children Act 1989. Form C1A is a supplementary form which accompanies Form C100 if the applicant is making allegations of domestic violence.

The court procedure in relation to these forms is set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 whereby it states at FPR 2010, PD 12B, paras 8.7 and 8.8 that:

<‘…8.7 If possible at the time of issue, and in any event by no later than one working day after issue, or in courts where applications are first considered on paper by no later than two working days after issue, the court shall send or hand to the Applicant the following—<

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