How to File for Custody of Your Child in the UK: Step-by-Step Guide

Deciding to formalise arrangements for your child is a significant step, and it’s completely normal to feel daunted by the legal process ahead. If you’re wondering how to file for custody, you’re not alone. This guide provides a clear, practical roadmap through the UK system, breaking down what can feel like an overwhelming journey into manageable steps. While this article offers essential guidance, every family’s situation is unique. For personalised advice tailored to your specific circumstances, consulting with experienced Family law Solicitors in Birmingham can provide crucial support and peace of mind.

Before You File: The Prerequisites

Attempting Agreement: The Mandatory MIAM

Before you can apply to court, you are generally required to attend a Mediation Information and Assessment Meeting (MIAM). This is not mediation itself, but a shorter meeting to explore whether mediation could help you and the other parent reach an agreement without going to court. A qualified mediator will explain the process and assess whether your case is suitable. The goal is to encourage cooperative solutions that prioritise the child’s best interests, often resulting in less stress and cost for all involved.

When You Can Apply to Court (Exemptions)

There are valid exceptions to the MIAM requirement. You may be exempt if there is evidence of:

• Domestic violence or abuse
• Child protection concerns
• Urgency due to a risk of the child being removed from the country
• You have contacted three mediators within a 15-mile radius and cannot get an appointment within 15 working days.

If you believe an exemption applies, you should indicate this on your application form.

Step 1: Complete the Application Form (C100)

The formal process to file for child custody begins with Form C100: ‘Application for a Child Arrangements Order’. This is the essential custody paperwork. You will need to provide detailed information, including:

• Your details and the other parent’s details
• The children’s details and dates of birth
• The type of order you are seeking (e.g., who the child should live with and spend time with)
• A brief explanation of why you are applying to the court.

You can complete the form online via the GOV.UK website or fill out a paper version. The online system is often clearer and provides guidance as you go.

Need help with the form? The C100 form requires precise information. Our team at Aman Solicitors can guide you through this process to ensure your application is completed accurately.

Step 2: Submit Your Forms and Pay the Fee

Once completed, you must submit your application to your local family court. The current court application fee is £232. If you are on a low income or receive certain benefits, you may be eligible for help with fees (fee remission). You can apply for this online through the GOV.UK website.

Step 3: The Court Process: What Happens Next

The First Hearing Dispute Resolution Appointment (FHDRA)

Once your application is issued, the court will list a First Hearing Dispute Resolution Appointment (FHDRA). This is a preliminary hearing where the judge will:

• Identify the key issues in your case.
• Check if you have attended a MIAM or are exempt.
• Explore the possibility of reaching an agreement.
• Give directions for the next steps.

A CAFCASS officer will be present and will have already conducted safeguarding checks with both parents and the police.

The Role of CAFCASS

The Children and Family Court Advisory and Support Service (CAFCASS) is an independent organisation that advises the family courts on the best interests of children. Their officer will speak to both parties and, if the child is old enough, may speak to the child to understand their wishes and feelings. They will then provide a report to the court with recommendations.

Further Hearings and Final Order

If an agreement isn’t reached at the FHDRA, the court will set a timetable for future hearings. This may involve further statements from both parties and a final hearing. At a final hearing, the judge will hear evidence from both sides before making a decision and issuing a final, legally binding Child Arrangements Order.

What Does the Court Consider? The “Welfare Checklist”

Throughout the process, the court’s sole focus is the child’s welfare. Every decision is based on the seven factors of the welfare checklist, which includes the child’s needs, their wishes, and the capability of each parent to meet those needs. You can read a detailed explanation of how courts make decisions in our Ultimate Guide to Child Custody.

How Long Does It Take and How Much Does It Cost?

A straightforward case where an agreement is reached early can take a few months. However, if your case is contested and goes through multiple hearings, it can take 6 to 12 months or longer.

Costs can vary significantly:

• Court fee: £232
• Mediation costs: Varies by provider
• Solicitor’s fees: These depend on the complexity of your case and can run into thousands of pounds for a fully contested matter.
  Legal aid for how to get full custody cases is available, but it is means-tested and subject to strict eligibility criteria.

Do You Need a Solicitor to File for Custody?

You can represent yourself in court as a litigant in person. However, the process can be complex and emotionally charged. A solicitor provides invaluable support by:

• Ensuring correct procedure is followed and deadlines are met.
• Helping you complete the court form C100 accurately.
• Providing objective advice and managing expectations.
• Drafting legal documents and representing you robustly in court hearings.
  Having expert guidance can alleviate significant stress and help you present your case effectively.

Conclusion: Taking the Next Step with Confidence and How Aman Solicitors Can Help

The journey to formalise child arrangements through the courts typically involves several key stages: first considering mediation (a MIAM), completing the C100 application, and then attending court hearings focused on finding a solution that serves your child’s best interests. While the process can seem daunting, it is designed with your child’s welfare at its heart.

Understanding this legal process is the crucial first step. For personalised advice and support tailored to your specific circumstances, consulting with experienced solicitors in Birmingham is highly recommended.

The team at Aman Solicitors are specialist family law solicitors in Birmingham with extensive, day-to-day experience guiding clients across the West Midlands through this process. We provide clarity, compassionate support, and expert representation to help you navigate the legal system with confidence.

Contact Aman Solicitors today for a confidential discussion about your case and how we can support you.