Chapter two - form C2

Download Form C2

Download Form C1A

Download court guidance notes

As a grandparent you will probably need leave to apply for an order. We will therefore look at form C2 first:

To assist you in completing your forms we have provided scenarios which are fairly typical of the enquiries we deal with on the advice line, or which grandparents have told us about during our research undertaken for the Second Time Around project. We hope that the examples will give you a clear idea of the level of detail needed to successfully complete a residence order application.

We will now use this information to take you through the steps of completing form C2.

Filling In Form C2

On the front page of Form C2 where it says "the court" put the name of the court you wish to apply to - for example: Clerkenwell County Court. Unless a case relating to these children is already taking place in another area (see below) you will usually apply to your local court.

If you have received either Form C6 or C6A (Notice of Proceedings) and have decided to apply for an order because you know that other court proceedings relating to your grandchild are taking place (for example care proceedings, or a contact application made by the parents), make sure you enter the same court name and case number as is shown on Form C6/6A. This will make sure that the forms all end up at the same place and the applications can be considered alongside each other.

Usually the court you first apply to will deal with your case, but sometimes the judge or magistrate will decide that the case needs to be transferred to a higher court (because it is very complicated, for example because the parents are objecting to your application for a residence order and the local authority wishes the child to be adopted) or to another area (e.g. if the mother lived a long way away and was unable to travel for proceedings because she was disabled or had several young children to arrange care for). If a transfer is needed, you will usually be told about this at the first hearing.

Under "child's name" give the names of all children for whom you wish to obtain an order. Make sure you put their surname or family name in capitals. In our example (above) the children are: Robert Kaia MORGAN; Tana Xanthia GREENFIELDS.

You might not have a "case number" to fill in if this is the first application with regard to these particular children. If you have not received a Form C6/C6A (see above) leave this section empty and it will be filled in by the court staff.

If you have already been officially notified of Children Act proceedings in relation to these children and you are responding to proceedings which have been brought by someone else, you will have been sent a Form C6/C6A. At the top of Form C6/C6A you will find a "case number" which relates to these children. Make sure that you use that number when filling in Form C2. However, DO NOT use this number when completing Form C1 as the court will issue you with a new case number for the residence proceedings.

In our example, there would not be a case number as the arrangement has been made on a voluntary basis.

Box 1: "About you": In this box write your name, address, telephone number, date of birth and relationship to each child. For example:

If you do not wish your address to be known to the respondent, leave your address blank and complete the confidential address form (form 8). The court can give you this form, which should be filed at the same time and you make the application.

If you are acting for yourself then you do not need to enter the name of a solicitor. If you have a solicitor s/he will receive all of the papers relating to this case, otherwise they will be sent to the address you have given above. If there is some problem about having this address on court documents (perhaps because of safety issues, for example if you have good grounds for concern that the child's parents might come and harass you) talk to the staff at the court dealing with your case. The court clerks should be able to advise you whether it will be possible to keep your address secret from anyone other than the magistrates or judge, although there are strict rules which govern disclosure of evidence, information relating to parties to a case, etc.

If you are already a party to the case (for example you have already been joined to a care proceedings case as an interested party and now want to apply for a Residence Order or a parent has applied for a contact order for the child who is living with you), give a description of your existing status. For example, as a grandparent you will not usually be a respondent or applicant so generally you would complete this section as: OTHER - grandparent carer of child.

Box 2: "The order you are applying for": In this section you need to provide information about the type of order you want from the court. You will also need to repeat the information you provided earlier, about the children for whom you need an order. Children's names must be given in full. For example:

Box 3: "Persons to be served with this application": In this section you must provide a list of people who have the right to respond to your application for a residence order. Everyone who has parental responsibility for a child has a right to respond and must be served with a copy of your completed application. Parental responsibility is explained fully under ‘useful terms', but essentially means that a person has the right to make decisions relating to a child's upbringing, and in turn is responsible for the welfare of the child. Rights and responsibilities which are acquired on obtaining PR, include making decisions relating to a child's education (choice of school, access to reports, permission to go on school trips, etc.) health and medical treatment, religious upbringing, moving house, as well as matters of day-to-day care.

Remember: just because a child doesn't live with a parent, or that parent hasn't seen the child for a long time doesn't mean that they have lost parental responsibility. Once someone has parental responsibility it is very, very, hard for him or her to lose that status.

Only certain people have parental responsibility (PR). A list of people who have PR is available below. Some other people might also have PR so you may need to take further advice on this matter, you can always ask your social worker, CAB, the Court Office or Helpdesk (at the court where you are applying for an order) or telephone the FRG advice line for further help.

When you fill in this section of the form remember to put the title, name and address. In our example, Box 3 will look like this:

Tana's father is not included as a respondent as he does not have PR. As Kerry Tyack has come to a private residence arrangement with her mother (see example and below under Box 4) social services are not involved in this case and therefore do not need to be notified of the residence order application.

People who have parental responsibility:

The Child's Mother

For children born before 1/12/03 A father who was married to the mother when the child was born

A father who wasn't married to the mother when the child was born but now

has a residence order for that child or

has a parental responsibility order made by a court or

has made a PR agreement with the mother or

has married the mother since the child's birth

For children born on or after 1/12/03
Any father whose name is on the birth certificate

Important note: Since 1st December 2003 the law on PR has now been changed. Any father whose baby was born since that date, and whose name is on a child's birth certificate will automatically receive PR regardless of whether or not he is married to the mother at the time the child is born. If a child was born before 1/12/03 the old law is still in force and a father will need to acquire PR as detailed above.

The adoptive parent(s) of a child
The Child's Guardian (where the appointment has taken effect following the death of the appointee or where a court has made a Order naming a Guardian)
Someone who holds a Residence Order for a child
Someone who holds an Emergency Protection Order for a child

Box 4 - 'If you believe the children have suffered or are at risk of suffering any harm then you must tick box 4 yes.

You will then need to fill in Supplemental Information Form C1A which you can download above. You can download the court guidance notes on how to fill in Supplemental Information Form C1A.

In Box 5 you have an opportunity to explain to the court why you should be given leave to apply for an order and what your plans are for the children's future. Remember that you don't have an absolute right to apply for an order, but if the court refuses to give you permission at this early stage of the process you are entitled to a written explanation for their decision. In general, the test for ‘leave to apply' is not too strict as long as the court is satisfied that a genuine reason exists for your application. Your application for leave to apply must however be compatible with the Welfare Checklist and the ‘factors to be considered by the court when deciding whether to grant leave to apply.

When you complete Box 5, you do not need to go into a great deal of detail about your reasons for applying for "leave". This is because you will need to give further information when you complete Form C1 and file supporting statements. You will probably also need to spent time with the CAFCASS (welfare) officer (see useful terms) who will write a full report about your proposed care plan and relationship with the child. So don't worry too much about not putting down enough details at this stage. The court will get to hear about your plans and concerns for your grandchild in more detail at a later phase of the proceedings.

Example of Completed Box 5:

If you have permission to apply for a residence order from everyone who has PR (for example if the children were being ‘looked after' by a social services department who have placed the child with you and they are happy for you to apply for a residence order, and the parent(s) with PR are also willing for you to have a residence order) then you would state this fact within Box 4. Where all parties with PR are in agreement that a child should live with a particular person, this will usually shorten the process of obtaining a Residence Order, as the court is unlikely to order reports from the CAFCASS officer/Family Court Reporter if everyone is agreed on where the child should reside and no other concerns exist. In such circumstances the court will generally simply ‘rubber stamp' the application.

However, in our example (as often happens in real life) the mother has left the children with their grandmother but cannot be traced, or is incapable (perhaps through psychiatric ill-health) of giving permission for the grandmother to apply for a residence order. Therefore, unless the grandmother obtains a residence order, technically the mother could simply remove the children from her care. In such circumstances the grandmother will only obtain legal security by being granted a court order once the court has fully scrutinised her circumstances. This can be quite an intrusive process, but try not to become upset is some of the questions on forms seem unduly personal, the questions are always for a purpose. ALWAYS REMEMBER THAT THE COURT'S OVERRIDING PRINCIPLE IS TO COME TO A DECISION, WHICH IS IN THE ‘BEST INTEREST' OF YOUR GRANDCHILD.

After completing Box 5, sign and date your application.

Next - Form C1