Free Form C100 Child Arrangements Application Template

Form C100 — Application for a Section 8 Order

Children Act 1989 S.8  ·  Family Court At East London (Bow County Court And Family Court)  ·  12 June 2026

TO: The Family Court at East London (Bow County Court and Family Court)

BY: Charlotte Marie Whitfield, applying as the mother of the child(ren) named below.

RE: Application under section 8 of the Children Act 1989 for combined orders under section 8 of the Children Act 1989 — a Child Arrangements Order (lives with / spends time with) together with a Specific Issue Order or a Prohibited Steps Order as set out below.

Filed via MyHMCTS Private Family Law digital service under Practice Direction 36ZD (mandatory for legally represented parties at participating courts from 24 November 2025; pilot scheme to 31 March 2027). Jurisdiction: England and Wales.

1. APPLICANT IDENTIFICATION

2. CHILD(REN) THE SUBJECT OF THIS APPLICATION

3. RESPONDENT IDENTIFICATION

4. ORDER SOUGHT. The applicant respectfully applies under section 8 of the Children Act 1989 for COMBINED SECTION 8 ORDERS: combined orders under section 8 of the Children Act 1989 — a Child Arrangements Order (lives with / spends time with) together with a Specific Issue Order or a Prohibited Steps Order as set out below.

4.1 Brief description of arrangements sought. The applicant seeks (i) a Child Arrangements Order specifying that Lily (aged 8) and Oscar (aged 7) live with the applicant during the school week and spend time with the respondent on alternate weekends and during agreed school holidays; and (ii) a Prohibited Steps Order preventing the respondent from removing the children from their current school placement (Brindishe Lee Primary School, Lewisham) or from the jurisdiction of England and Wales without the prior written consent of the applicant or the leave of the court.

5. MEDIATION INFORMATION AND ASSESSMENT MEETING (MIAM). The applicant has attended a MIAM in accordance with section 10 of the Children and Families Act 2014. Form FM1 reference FM1-2026-04-887-LWHM is enclosed confirming attendance.

6. ORDER TYPE DETAIL — COMBINED SECTION 8 ORDERS.

6.1 Child Arrangements Order — "lives with". A "lives with" order under section 8 of the Children Act 1989 specifies the person with whom the child is to live. Where the order names a parent, that parent acquires parental responsibility under section 12(1) if they did not already have it. The named "lives with" parent has the benefit of section 13(2) — a holiday abroad of up to one month without the written consent of every other person with parental responsibility, beyond which written consent (or leave of the court) is required.

"Lives with" arrangements sought:
The applicant seeks confirmation that Lily and Oscar continue to live with her on a school-week basis (Sunday evening to Friday afternoon) at the family home in Lewisham, where they have lived without interruption since birth. Both children are settled at Brindishe Lee Primary School (Lily in Year 4 and Oscar in Year 2), with established friendships, after-school activities and a paediatric care arrangement through their long-standing GP. The school-week pattern reflects the de facto arrangement that has operated since the parties separated in November 2024 and which the children describe as their "home" routine.

6.2 Child Arrangements Order — "spends time with". A "spends time with" order under section 8 of the Children Act 1989 specifies the person with whom the child is to spend time or otherwise have contact. It can specify direct contact (face-to-face), indirect contact (letters, telephone, video) or a combination. The presumption of continued parental involvement (section 1(2A) of the Children Act 1989) applies — the court will presume that the involvement of each parent in the life of the child will further the child's welfare, unless the contrary is shown.

"Spends time with" arrangements sought:
The applicant supports the children spending substantial time with the respondent on alternate weekends from Friday school pick-up to Sunday evening 6pm, together with half of each school holiday on a shared rota agreed at least four weeks in advance, and one mid-week telephone or video call per week at a time convenient to all parties. The applicant accepts the presumption of continued parental involvement under section 1(2A) of the Children Act 1989 and does not seek to displace it. The proposal reflects the applicant's consistent position that the children benefit from a meaningful relationship with both parents.

6.3 Specific Issue Order. A Specific Issue Order under section 8 of the Children Act 1989 determines a specific question that has arisen, or may arise, in connection with any aspect of parental responsibility for the child. Common subject matter: schooling, medical treatment, foreign holiday consent, change of surname (section 13(1)(a)), permanent removal from the jurisdiction (section 13(1)(b)). The court applies the welfare paramountcy principle in section 1(1) and the welfare checklist in section 1(3).

6.4 Prohibited Steps Order. A Prohibited Steps Order under section 8 of the Children Act 1989 prohibits the respondent from taking, without the consent of the court, a step that could be taken by a parent in the meeting of parental responsibility for the child. Common subject matter: removal from the jurisdiction, change of surname, removal from school, sleepover arrangements with named third parties.

Step to be prohibited:
The applicant seeks an order prohibiting the respondent from (i) removing Lily and Oscar from Brindishe Lee Primary School, Lewisham, or arranging or applying for a transfer to any other school, without the prior written consent of the applicant or the leave of the court; and (ii) removing the children from the jurisdiction of England and Wales for any period, whether for a holiday or otherwise, without the prior written consent of the applicant or the leave of the court. The respondent has indicated an intention to apply for places at a Sevenoaks primary school for the September 2026 intake and has previously taken Oscar to the Republic of Ireland for a four-day visit in March 2026 without informing the applicant of the travel dates in advance.

7. WELFARE CHECKLIST — CHILDREN ACT 1989 SECTION 1(3). Under section 1(1) of the Children Act 1989 the welfare of the child is the court's paramount consideration. Under section 1(3) the court is required to have regard to the following 7 factors in particular when determining a contested section 8 application. The Supreme Court in In the matter of B (A Child) [2013] UKSC 33 confirmed that the child's interests include being brought up by the parents or wider family unless the overriding requirements of the child's welfare make that not possible.

(a) Ascertainable wishes and feelings of the child concerned (considered in the light of age and understanding):
Lily is 8 and Oscar is 7. Both children have, to the applicant, expressed a clear wish to continue living in Lewisham, at the family home and at their current school, and to continue seeing their father at weekends and in the school holidays. Their wishes and feelings should be considered in the light of their ages and understanding; the applicant invites the court to direct a Cafcass welfare report under section 7 of the Children Act 1989 so the children can be heard directly by a Family Court Adviser.

(b) Physical, emotional and educational needs:
The children's physical needs are met by the family home in Lewisham (each has their own bedroom; the home is a 5-minute walk from school). Their emotional needs are met by the stability of the school-week routine, weekly contact with maternal grandparents who live locally, and ongoing pastoral support at school for the post-separation period. Their educational needs are met by Brindishe Lee Primary, where Lily is making age-appropriate progress and Oscar receives additional speech-and-language support under the school's in-house SENCO arrangement.

(c) Likely effect on the child of any change in circumstances:
A change in primary residence from Lewisham to Sevenoaks would require (i) a change of school mid-year for both children (Lily mid-Year 4, Oscar mid-Year 2); (ii) loss of established friendships and the Lewisham extended family network; (iii) interruption of Oscar's in-school speech-and-language provision, which the Sevenoaks school may not be able to replicate without re-assessment and a delay of one to two terms; and (iv) loss of the children's established GP, dentist and orthodontist arrangements. The applicant's case is that the disruption would be material and is not outweighed by any countervailing welfare benefit.

(d) Age, sex, background and any characteristics the court considers relevant:
Lily is a quiet and observant child who has shown signs of post-separation anxiety since November 2024 (managed at school by a TA-supported "calm corner" arrangement). Oscar has receptive language difficulties (assessed as moderate) under a current EHCP application initiated by the school. Both children identify with their Lewisham home, school and community. The applicant invites the court to give weight to these characteristics under section 1(3)(d) of the Children Act 1989.

(e) Any harm the child has suffered or is at risk of suffering:
The applicant does not allege physical harm. The applicant does allege a course of conduct by the respondent during the last 18 months of the marriage which she considers to amount to controlling and coercive behaviour within section 1(3)(c) of the Domestic Abuse Act 2021 — specifically, ongoing financial control, restrictions on the applicant's communication with her family of origin and an incident on 4 February 2026 (the respondent's relocation to Sevenoaks) in which the applicant was excluded from a school decision affecting Lily. A Form C1A is filed with this application setting out the allegations in full. The applicant accepts that the welfare assessment is for the court following the Cafcass safeguarding letter and any further section 7 / PD 12J fact-finding hearing.

(f) Capability of each parent (and any other relevant person) of meeting the child's needs:
The applicant has been the primary carer for both children since their birth and was the children's named primary contact at school throughout the marriage. The respondent has had a substantial caring role at alternate weekends and in school holidays since November 2024 and has the practical capability of meeting the children's needs during contact, subject to appropriate boundaries on the unilateral relocation and school issues set out above. The applicant supports a continuing meaningful role for the respondent under the section 1(2A) presumption.

(g) Range of powers available to the court under the Children Act 1989:
The applicant invites the court to consider, in particular, a Child Arrangements Order (lives with the applicant / spends time with the respondent), a Prohibited Steps Order on school removal and removal from the jurisdiction, and — where allegations of harm are made — directions under Practice Direction 12J including a Cafcass safeguarding letter, a fact-finding hearing if necessary, and a section 7 welfare report. The applicant does not at this stage seek a Specific Issue Order on the speech-and-language EHCP application.

9. SAFEGUARDING AND PRACTICE DIRECTION 12J. Where allegations of harm or domestic abuse are made in connection with a section 8 application, Practice Direction 12J of the Family Procedure Rules 2010 requires the court to consider — at every stage of the proceedings — whether domestic abuse is raised as an issue and, if so, to identify (at the earliest opportunity) the factual and welfare issues involved. The court will normally direct a Cafcass safeguarding letter (or CAFCASS Cymru where the child is habitually resident in Wales) ahead of the First Hearing Dispute Resolution Appointment (FHDRA). Form C1A (Allegations of Harm and Domestic Violence) is the prescribed form for setting out the allegations and supporting evidence.

Form C1A status: a Form C1A (Allegations of Harm and Domestic Violence) is filed with this application.

Summary of safeguarding concerns:
A Form C1A (Allegations of Harm and Domestic Violence) is filed with this application setting out (i) a pattern of controlling and coercive behaviour during the last 18 months of the marriage; (ii) the financial control allegations (the applicant was required to obtain prior approval for non-essential expenditure over £25); (iii) restrictions on the applicant's communications with her family of origin; (iv) the 4 February 2026 unilateral relocation decision; and (v) the March 2026 unauthorised travel to the Republic of Ireland with Oscar. The applicant invites the court to direct a Cafcass safeguarding letter ahead of the FHDRA and to consider directions for a fact-finding hearing under Practice Direction 12J following receipt of the safeguarding letter and the respondent's Form C7.

10. STATEMENT OF TRUTH. I believe that the facts stated in this application are true. I understand that proceedings for contempt of court may be brought against any person who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth (Family Procedure Rules 2010 rule 17.6). I confirm that I have read Practice Direction 12B (the Child Arrangements Programme) and understand the pre-application engagement expected of the parties.