When making an application to the family court to make child arrangements, the most important form that has to be completed is the C100. This gives the court full details of the people involved in the case, including the names, addresses and contact details of everyone involved in the case. This includes the applicant (the person asking the court to make a decision about certain aspects of child arrangements), the respondent (the other adult(s) involved in the case) and the child or children themselves.
Do you have to disclose your personal contact details though?
This article will explain what you have to do if you don’t want to disclose your contact details to the other party in a child arrangements case.
What are the rules?
The provisions are set out in the Family Procedure Rules 2010, rule 29.1. This states that:
(1) Unless the court directs otherwise, a party is not required to reveal:
(a) the party’s home address or other contact details;
(b) the address or other contact details of any child;
(c) the name of a person with whom the child is living, if that person is not the applicant; or
(d) in relation to an application under section 28(2) of the 2002 Act (application for permission to change the child’s surname), the proposed new surname of the child.
(2) Where a party does not wish to reveal any of the particulars in paragraph (1), that party must give notice of those particulars to the court and the particulars will not be revealed to any person unless the court directs otherwise.
(3) Where a party changes home address during the course of proceedings, that party must give notice of the change to the court.
How do I apply?
You apply to keep your details confidential on a form C8. The C8 form must be completed and sent together with the main application form for the court order you are applying for – which will usually be a C100.
Do I have to give a reason to withhold my contact details?
No, you do not have to give any reason why you want to withhold your contact details. People mainly choose to do this if they have reason to fear other parties in the case knowing their current address – for example, if there has been domestic abuse or there are concerns about the children’s welfare or safety if the other party or parties get to know where they are.
How complicated is the process?
The process is not complicated at all; court form C8 just asks you to complete the name of the court you are sending the main application to, the case number if you know it, the full names of all the children, your full name and the contact details you want kept confidential.
Then, as with most court forms, you have to sign a statement of truth, date it and include it with your main application. And that’s all there is to it.
Blank court forms C8 are available at https://www.gov.uk/government/publications/form-c8-confidential-contact-details-family-procedure-rules-2010-rule-291
Exactly who will know about my details if I complete a C8?
The details you wish to keep confidential will only be known to the court and the Children and Family Court Advisory and Support Service (Cafcass), who are often asked by the court to carry out investigations and interviews to help the court reach its decisions.
The details will not be revealed to anyone else, except by order of the court. This order only happens in truly exceptional circumstances and if extremely good justifications were put to them why it was essential to reveal the information to specified people.
Do I have to consider anything else?
It is important to note that only the contact details on the court forms are held back. You would have to make sure that your contact details are not in any other documentation that is sent to the court as part of, or in connection with your application – e.g., social services, police or any other reports and other supporting information. The court does not examine and hide details in these extra documents, only in the official court forms.
Although form c8 is a very straightforward form to complete, the same is not true of the rest of the processes around Child Arrangement Orders.
Talk to one of our friendly and experienced team on 0113 468 9593 to find out how we can help you.
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Frequently Asked Questions
How much does it cost to send a C8?
There is no charge for making an application on a form C8. The only cost involved is the cost of the main application, unless you are exempt from paying.
What reasons do I have to give?
You don’t have to give any reasons for wanting to disclose your current contact details. However, you have to be careful that you don’t accidently reveal your address to the other party or parties in other documentation that you have to send to the court during your case.
Do I need a solicitor’s help to complete a C8?
No, the form is very simple to complete. However, you might need legal help and advice for the other documentation you have to send, and if this is the case, they would usually complete and send the Form C8 on your behalf.
When should I send the C8 to the court?
The C8 is sent to the court along with the main application you are making for your children.
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