Being a Respondent
Receiving a court application from your ex partner can be frightening, confusing and exhausting to deal with, especially when you have children. Being a respondent does not mean that you have no rights or cannot have the opportunity to tell your story in court.
You have the right to protect your children's welfare, tell the court about any safeguarding issues and what you would like to see happen in terms of child arrangements. You have the same right as any applicant to be heard, to put forward evidence, and to ask the court to prioritise your child(rens) welfare.
Next Steps
1
Legal Obligations
Responding to the Court
You must acknowledge and respond to the court documents within the specified time frame outlined in letters.
In child arrangements applications you will be asked to fill out a C7 form. It should be returned to the court and your ex partner's solicitor's or ex partner.
If you do not attend court hearings or ignore paperwork then the court will make decisions and orders in your absence.
Attending Hearings
You are expected to attend all hearings unless you are excused by the court.
If you cannot attend a hearing for a travel, medical, safety or accessibility reason, you must tell the court straight away and request adjustments. Contact the court that you have received your ex partner's application from.
Providing Information & Evidence
The Family Procedure Rules (Pt 9 & Pt 12) require honesty and cooperation in disclosure.
You may be required to disclose relevant information regarding your child(ren) or finances.
Following Court Orders
Any order given by the court, temporary or final, must be followed.
Breaching a court order can result in serious consequences, including enforcement proceedings.
Safeguarding
If allegations of harm are raised, you must co-operate with CAFCASS and social services.
You may be asked to attend interviews, provide statements or participate in safeguarding checks.
2
How do I respond?
You will receive your ex partner's court form:
The C100 for
Child Arrangements Orders
Specific Issue
Prohibited Steps Orders
Or,
the FL401 for
Non-Molestation
Occupation Orders
Read these carefully, you do not have to agree with anything that your ex partner has said, make notes when reading the form of anything you wish to say to counter anything you disagree with.
You will also receive a Hearing Notice and instructions of when the court wants you to attend the court for a hearing and send them your C7 form. This form gives you your chance to respond to your ex partner. The court will look at the best interests of the child (Children Act 1989, s.1) before making any decision.
It's important in you C7 form that you state:
Whether you agree or disagree with the application.
Your own proposals for when and how contact should happen.
Outline any safeguarding concerns you may have about domestic abuse, your partner leaving the UK with your children, psychological or physical abuse or anything else that makes you worried about contact between your child(ren) and your ex partner.
If there are any concerns over your child's safety with your ex partner or there's been abusive behaviour, you need to also fill in a C1A form.
Any orders you want the court to consider e.g. your ex partner may want a Child Arrangements Order but because of domestic abuse, you need a Prohibited Steps order or Occupation Order.
Send your C7 and C1A (if needed) to the court and your ex partner.
3
Next Steps
Start by reading the application carefully and noting the deadlines.
If you're unsure how to fill out a C7 Form, it is very similar to a C100 Form, see our walkthrough:
The C1A Form is for stating any concerns you have about your ex partners contact with your children. See our walkthrough for more guidance:
If you feel overwhelmed, take a pause:
Learn how to respond to solicitors letters
Learn about the stages of the court process and the types of judges you may encounter:
Find out about what hearings there are and how they work:
You don't have to be alone in the court hearings, learn about McKenzie Friends:
Understand how to raise concerns with CAFCASS, social services, or the court if your child’s safety is at risk.
Explore your options, from representing yourself to unbundled services or direct access barristers.
If you are facing urgent risks, such as child abduction or domestic abuse, this section explains your immediate legal protections.