C1A Form: Allegations of Domestic Abuse and Harm

 

 

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What is a C1A Form?

If a party has commenced proceedings regarding child arrangements, prohibited steps or a specific issue, they will be required to file a Form C100. If you wish to provide supplemental information regarding allegations of harm and domestic violence then you must complete a C1A form which allows a party to highlight any issues which the court should bear in mind when allocating orders. This harm can be categorised in the form of physical, sexual, emotional, or financial. 

The form will ask for details regarding: 

o  When the abusive behaviour started;

o  The nature of the behaviour;

o  Whether help has been sought and if so, who from;

o  Whether the individual sought for help has aided the situation;

The form will also expect parties to state whether they believe that there is a risk of abduction or risks to the children’s safety and wellbeing. Parties should also bear in mind the steps which they believe would be effective to protect the safety of their children and themselves, as this must be stated in Section 5 of the form. 

The opposing party will then have the opportunity to complete a brief response to the allegations of harm, though they will have an opportunity later in the proceedings to provide a more detailed statement.   

It is important to remember that a C1A form does not act as an application for an order on its own and it must be filed alongside the necessary document.

 

When is a C1A Form Filed?

Parties should file the C1A form when they file their C100. Thereafter, it will be submitted to the Court when a party wants to commence proceedings for a child arrangements, prohibited steps or specific issue order.

How is a C1A Form Submitted?

A C1A form can be completed and submitted online. This is the preferred method as it is much faster however, a paper version can be sent to the relevant Family Court if you would prefer. 

Parties are able to prepare this document independently however their solicitor can also complete the form. Often, this is a good idea as it ensures that all of the relevant information will be included and less legal mistakes are likely to be made.

 

C1A Form: Legal Costs

When a party files a C100 form they will be required to pay £232 for a Court fee, this supplemental form can be filed at the same time as this without additional charge.

If a party has decided to instruct a Solicitor, they will incur their fees and additional disbursements. In matters where a party has decided to act as a litigant in person, they will save money on these costs, though it is always recommended that legal advice is sought where possible.  It is always a good idea to instruct an expert as this will ensure less mistakes are made, thus allowing the proceedings to move swiftly. 

Generally, in family law, parties are expected to bear their own costs. Although in matters where one party has behaved unreasonably, a Court can provide a costs order which states that the unreasonable party must pay the opposing party’s legal costs. 

If a party to the proceedings has been legally aided, an Order will be made on conclusion for the legal aid costs to be assessed. These costs are payable centrally from the Legal Aid Agency, rather than any of the parties.

 

How can ARC Costs Assist?

ARC Costs can assist in all legal costs matters, including costs incurred following a C100 application whether you are a legally aided party, or a paying/receiving party.

If a costs order is made, we would recommend that you seek the assistance of a costs specialist immediately.

We regularly assist law firms in legal aid funded cases, dealing with all levels of legal costs.

We are highly experienced Costs Draftsmen and Costs Lawyers who have been successful in recovering high levels of  legal fees for our clients.

We can assist in the whole of the legal aid and inter partes assessment process.

We are often instructed in legal aid cases to draft and upload Bills onto the CCMS, and to submit supporting documents for the assessment and recovery of legal costs. We regularly recover at least 90% on all matters submitted to the CCMS.

For any inter partes order, the detailed assessment process will apply. From drafting your Bill of Costs and Points of Reply to conducting negotiations with the other side before advising on whether the claim should proceed to a Detailed Assessment Hearing, for which one of our in-house Costs Lawyers can provide representation. 

Similarly for paying parties, we are well versed in preparing Points of Dispute and contesting legal costs claims, and on average we reduce any Bill of Costs on which we are instructed to oppose, by 40%.

We can be contacted via email at info@arccosts.co.uk, or by telephone on 01204 397302. For more information on legal costs, please find out more about our speciality areas of expertise and our services on our legal costs page.

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