An application within an existing application/ongoing proceedings
Most parents think that if they apply for a child arrangement order or prohibited steps order, or if they are responding to an application, the court process will run smoothly. However, you may need to apply for an order during the children law court proceedings.
Family law solicitor, Angelique Holm, is an expert in children law. In this blog, she explains the circumstances where an application may need to be made in an existing children law proceedings and how to go about it.
For children and family law advice call Angelique Holm on 0203 488 8620 or email
info@hopeholm.co.uk or visit our website HopeHolm Family Law.
Why parents may need to apply for an order during court proceedings
There are many reasons why a parent or family member may want to make an application within an existing child arrangement order, specific issue order or prohibited steps order application. Here are some examples:
- Your ex-partner has decided to stop your contact as they say your child is upset when they return home. You know that it will be harder to get the judge to agree to equal shared parenting if, by the date of the final hearing of your child arrangement order application, your child has not seen you for months. You need to apply for an interim contact order so you can maintain the status quo of the current contact arrangements until the final hearing of your application
- You have taken specialist children law legal advice after initially responding to your ex-partner’s child arrangement order application without the help of a family law solicitor. The lawyer recommends that given the complexity of the application, you ask the court to order a psychological assessment by a child psychologist. This must be court-ordered so you need a directions hearing for the judge to decide whether to order the report
- The application for a child arrangement order involves an older child and the child wants to be made a party to the application so they can tell the judge what they want
- You need to ask the court to adjourn the child arrangement order application and relist the final hearing of the application. You may be asking for an adjournment because you are unwell or you and your ex have decided to try family mediation to see if you can reach an agreement
- Allegations have been made in statements and you have been advised that the court should be asked to hold a direction hearing to decide how the allegations should be responded to. For example, you may want court permission to file a statement from a witness rebutting the allegations or ask the court to order drug or alcohol testing or to hold a finding of fact hearing
- A grandparent or other relative wants to be joined into the proceedings so they can defend allegations made against them or so they can seek an order for contact in their own right
- You want permission to disclose a document filed in the children law proceedings to a third party and know that you need permission from the judge to do so. For example, you may want to use an order, report or statement in an immigration tribunal or criminal proceedings
Make an application in existing children court proceedings using Form C2
If you or another party to the children law application wants the court to make an order during the court proceedings then the person who wants the order needs to apply for a hearing using Form C2.
Form C2 is required where you are:
- Requesting an order or directions in existing proceedings
- Asking to join or leave proceedings
- Asking for permission to start proceedings
Unlike with a child arrangement order application, you as the applicant (rather than the court) must serve the respondents to the application with the paperwork. They are entitled to know about your application and to have warning of any hearing date so they can object to the order you seek and explain the reasons for their opposition.
The respondents to your application will be all parties to the existing proceedings, even if your application only relates to one party to the court proceedings. For example, if you are asking the court to order drug testing because you have evidence to say the child’s father has been taking drugs and you maintain his drug usage affects his ability to parent his child. If his parents are parties to the court proceedings (because they are seeking contact or want their grandchild to live with them) then they are respondents to your C2 application even though the drug testing request only applies to the child’s father.
How to complete a C2 application
The judge and all the respondents to your application will read your application and that’s why it’s best to talk to a family law solicitor before making a C2 application. The lawyer will advise you on whether your proposed application should be made and the likely outcome. They can write the application for you and attend the hearing of the application and any future court hearings to ensure your case is put across to the court.
If you have started to fill in the form it isn’t too late to take specialist legal advice on whether you should go ahead with your application and to get advice on what to put in the form.
In the C2 Form, you are asked to explain the type of order you want and why. The information you include in the form must be accurate and concise. The form is not an opportunity to make a statement of evidence but you do need to explain what you want and why. For example, if your former partner has stopped contact you need to say that you want an interim contact order until the final hearing of your child arrangement order application and the sort of interim contact you are seeking. If you want the court to order a psychologist to assess your child you will need to follow the court’s guidance on instructing an expert.
How Angelique Holm can help you with your C2 application
Angelique Holm specialises in children law and regularly represents parents and extended family members in applications for child arrangement orders, prohibited steps orders, specific issue orders, relocation orders and holiday orders. She understands that some parents and family members find the thought of making a court application intimidating or are worried about getting the forms wrong or saying something at an interim or final hearing that they later regret. Having a supportive solicitor on your side to help you with writing your application or statement of evidence or to represent you during court hearings can make all the difference to the success of your application. Angelique will ensure you understand the court process and will try to reduce the stress of the court proceedings on you.
For advice on child arrangement orders and resolving family law disputes advice call Angelique Holm on 0203 488 8620 or email info@hopeholm.co.uk or visit our website HopeHolm Family Law.