Understanding the C100 Court Application Process

We completely understand that receiving notice of a C100 court application can feel frustrating — even unfair — if you haven’t yet had the chance to attend a mediation assessment and information meeting, or MIAM, yourself.

Many people feel confused or upset that one person has been able to move forward in the court process without the other person’s involvement. This guide explains why this happens and what it means for you.

What is a C100 Form?

A C100 is the form used to apply to the Family Court about arrangements for children. This includes where they live, who they spend time with, or specific issues such as schooling or holidays.

Before most people can make this kind of application, they are required to attend a Mediation Information and Assessment Meeting (MIAM) with an accredited family mediator.

What Happens at a MIAM?

A MIAM is a confidential, one-to-one meeting (not joint mediation) where a family mediator explains:

• How mediation works

• How it might help you both reach an agreement without going to court

• What other options and support might be available

  
  

It’s also an opportunity for the mediator to assess whether mediation is suitable and safe for everyone involved.

Why Has a C100 Been Issued If I Haven’t Attended?

When one person attends a MIAM and requests the page of the C100 from the mediator, the Family Mediation Council’s Code of Practice and the Family Procedure Rules (Part 3) require the mediator to sign the relevant section of the C100 form. This confirms that a MIAM has taken place.

This step does not mean the mediator supports the application or that mediation is finished. It simply confirms that the applicant’s requirement to attend a MIAM has been met.

The mediator cannot withhold their signature once the MIAM has been completed and the applicant asks to proceed. Doing so would prevent that person from accessing the court, which would go against professional and procedural rules.

Does This Mean I’ve Lost My Chance to Mediate?

No, not at all. You still have the same opportunity to take part in mediation if you wish to. The court actively encourages families to try mediation at any stage, even after an application has been made.

You can contact us at any time to book your own MIAM or let us know you’d like to explore mediation before or during the court process.

Is the Mediator Supporting the Other Person?

No. Mediators are completely impartial. Generally, each person is offered the opportunity to attend a MIAM, and information shared in one meeting remains confidential. The fact that one person attended first simply reflects how the process begins — not who is “favoured” or “believed”.

What Happens Next?

If you’ve received a copy of a C100 application, the court will contact you directly about the next steps. In the meantime, you can:

• Contact Pax Mediation to book your own MIAM or discuss mediation options

• Take legal advice on your legal position

  
  

Remember that you can still reach an agreement through mediation at any point.

In Summary

We know it can feel one-sided when a C100 is issued before you’ve been involved. However, the mediator’s actions are guided by the Family Mediation Council’s Code of Practice and the Family Procedure Rules. Both require them to confirm when a MIAM has taken place if requested by the applicant.

This does not stop you from taking part in mediation, and the invitation remains open if you wish to explore this route.

Additional Support and Resources

If you’d like to talk this through or arrange your own MIAM, please contact our friendly team at Pax Mediation. We’re here to explain your options clearly, answer any questions, and help you find the best way forward for your family.

Understanding Mediation Benefits

Mediation can be a valuable tool for resolving disputes. It allows both parties to express their views and work towards a mutually agreeable solution. The benefits of mediation include:

• Cost-Effective: Mediation is often less expensive than going through the court process.

• Time-Saving: It can resolve issues more quickly than waiting for court dates.

• Confidential: Unlike court proceedings, mediation is private.

• Control: Both parties have a say in the outcome, rather than leaving it to a judge.

  
  

The Role of the Mediator

A mediator is a neutral party who helps facilitate discussions between the two parties. They do not make decisions for you but guide the conversation to help you reach an agreement. The mediator’s role is crucial in ensuring that both parties feel heard and respected.

Preparing for Your MIAM

Before attending your MIAM, consider the following:

• Gather Information: Bring any relevant documents or information that may help in the discussion.

• Clarify Your Goals: Think about what you want to achieve through mediation.

• Be Open-Minded: Be prepared to listen to the other party’s perspective.

  
  

Conclusion

Navigating the C100 court application process can be challenging. However, understanding your rights and the mediation process can empower you to take control of your situation. Remember, mediation is always an option, and you are not alone in this journey.

If you have any questions or need further assistance, please don’t hesitate to reach out to our team. We are here to support you every step of the way.