Information, Help and Advice for Families experiencing frustration in working with Social Services in Child Care Proceedings.

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Applying to the court

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NOTE: This information explains if you are considering in applying to the court. Written mainly for parents and carers, but the information in it is also for other people, including other family members, who are involved in the welfare of a child and may become involved in family court proceedings. For specialist legal advice we recommend you seek the professional assistance of a experienced Solicitor.

 

Covers applying for:- contact, residency to be included/ceased to be included as party in care proceedings discharging a care order, parental responsibility order other directions in existing family proceedings.

 

 

Completing Form C2 »
Completing Form C1 »

 

note: » Back to the top of page

 

 

Applying to the court

 

You can go to a solicitor and ask them to apply to court for you for any of the above. He/she will fill in the forms for you and will represent you at court. You may or may not get legal aid depending on your circumstances however, you can save yourself a lot of time and money by applying to court yourself. You have a legal right to do so. You need to complete forms C1 and C2. These same forms are used for all the above. You can go to a solicitor and ask them to apply to court for you for any of the above. He/she will fill in the forms for you and will represent you at court. You may or may not get legal aid depending on your circumstances.

We have included a link to the Court Website courtservice.gov.uk/forms and we would recommend that you download Forms C1 and C2 print them off yourself and practice completing them before you hand the final version into the court. You can also get Forms C1 and C2 from your local county court office. The court will provide you with help booklets CB2 "Filling in the Forms" and CB3 "Serving the forms". You can also read the information below which will help you.

When you fill in the forms read through first and plan your answers. If you do not want someone to know your address you do not have to put it on the forms, but you must still give your address on a separate form C8.

Use dark ink because the forms will need to be copied. If you need more space to give information use another sheet of paper and put the Childs name, the case number, and the number of the part of the form you are answering.

Complete the C2 form first. This is a form which asks for "leave" (permission from the court) for you to apply for the order. (Both forms can be given into the court together though)

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Completing Form C2

 

The Court: Put the name of the Court you will apply to, for instance "Manchester County Court". If you are not sure which court to put, ask the family section of your local county court.

The full name(s) of the Give all the names of the children involved. Put children the surname in capitals.

 

About you: You are the applicant. Give your details here as asked. Grandparents apply together, e.g. "Mr & Mrs...............

 

The orders or directions you are applying for: Complete this as asked.

 

Persons to be served: Served means a copy of the forms, with covering notice of court proceedings being given to them. The main people involved in the case should be served so that they know to come to court. Give the name and address of the social worker, guardian, your solicitor, other parent's solicitor if applicable, and any other main person who would need to come to court. The name and address for the children's guardian can be obtained by phoning your local CAFCASS office. Get the number from social services.

Your reasons for Give details of why you want contact or residency applying: or a supervision order. Put it in your own words and don't be frightened of putting exactly what you want to say. Sign and date. Well done! Now for Form C1, the actual application:-

 

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Completing Form C1

 

The Court: Put the name of the Court you will apply to, for instance "Manchester County Court". If you are not sure which court to put, ask the family section of your local county court. The full name(s) of the Give all the names of the children involved. Put children the surname in capitals.

 

 

About you: You are the applicant. Give your details here as asked. Grandparents apply together, e.g. "Mr & Mrs...............

 

The children Give details of the children as asked

 

Other cases If the children are involved in a care case give the case number and the court involved. You can get the case number from your local county court, from the statements and court papers previously received, or from the solicitor dealing with the case. It is not too important to attach a copy of the relevant order so don't worry about this. Complete the other information if you know it. If you don't just state this in this section.

 

The respondent: The respondent will be the social services if the child is in care. Give the name and address of the children's social worker

 

Others to whom notice Notice (a copy of the forms, with covering notice is to be given: letter), must be sent to the main people involved in the case so that they know you have applied. Give the name and address of the social worker, guardian, your solicitor, other parent's solicitor if applicable, and any other main person who would need to come to court. The name and address for the children's guardian can be obtained by phoning your local CAFCASS office. Get the number from social services. They should also be able to tell you whom the children's solicitor is.

 

Care of the children: If the children are in foster care put this address. If social services won't tell you where the children are and you don't know it. Just state this in this section.

 

Social Services: Give the name and address of the children's social worker. If the child has been on the child protection register but you don't know the date registered, just put "They have been on the register".

 

Education & Health: If social services will not tell you what school the child attends, just state this in this section. If you cannot comment on the children's health because social services have stopped you seeing them for so long just state this in this section.

 

The Parents: Give details about the Childs parents. If the parents have been involved in a court case concerning the child, and you do not know the details state this in this section.

 

The family: Give details as asked.

 

Other Adults: Give details as asked

 

Your reasons for Give details of why you want contact or residency applying: or a supervision order. Put it in your own words and don't be frightened of putting exactly what you want to say.

 

»

 

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