Fact checked by Jess Knauf, Director of Client Strategy, [07.05.2026]
Key Takeaways
- An urgent C100 application can be made without a MIAM where there is a genuine risk of harm, abduction, or significant emergency.
- You must tick the correct exemption box on the C100 form (or apply on Form C2 alongside) and provide supporting evidence.
- Without notice (ex parte) applications can be heard by a judge the same day or within 24 to 48 hours in serious cases.
- If you do not qualify for an exemption, an urgent MIAM can usually be booked within 24 hours and the signed MIAM certificate issued the same day.
- The court fee for a C100 application is £270, and getting the paperwork right first time avoids costly delays.
If you’re facing an emergency involving your child and need to apply to the family court today, an urgent C100 application may be the answer. In genuine emergencies, you can apply to the court without first attending a Mediation Information and Assessment Meeting (MIAM). This guide explains when an urgent C100 application is appropriate, which MIAM exemptions apply, what evidence the court expects, and how to book an urgent MIAM within 24 hours if you do still need one.
What is an urgent C100 application?
A C100 is the court form used to apply for a Child Arrangements Order, Specific Issue Order, or Prohibited Steps Order under the Children Act 1989. An urgent C100 application is one where the applicant asks the court to deal with the matter quickly, often within hours or days, because waiting would put a child at risk or allow serious harm to happen.
In most cases, before you can issue a C100 you must attend a MIAM. This is a short meeting with an authorised family mediator to consider whether mediation could help resolve the dispute. The Children and Families Act 2014 made MIAM attendance a legal requirement for most family applications. However, the law also recognises that some situations are too urgent or too dangerous for mediation to be appropriate. In those cases, you can apply for an emergency family court hearing without a MIAM.
When can you submit a C100 without a MIAM?
The MIAM exemptions are set out in the Family Procedure Rules 2010, Part 3 and Practice Direction 3A. The exemptions most commonly used for an urgent C100 application fall into three groups.
1. Urgency exemptions
You can apply C100 without MIAM if any of the following apply:
- There is a risk to the life, liberty, or physical safety of you, your child, or another family member.
- There is a risk that any delay caused by attending a MIAM would cause significant harm to a child or significant detriment to the safety of an applicant.
- There is a real and immediate risk of unlawful removal of a child from the United Kingdom (child abduction).
- There is a real and immediate risk of unlawful retention of a child outside England and Wales.
- Any delay would cause a miscarriage of justice or unreasonable hardship to the applicant.
- Irretrievable problems would be caused in dealing with the dispute, including significant financial hardship.
2. Domestic abuse exemptions
You are exempt from attending a MIAM if there is evidence of domestic abuse between you and the other party. Acceptable evidence includes a relevant police caution or conviction, an undertaking given in court, a non-molestation order, an occupation order, evidence from a health professional, a refuge letter, or a letter from a domestic abuse support organisation.
3. Child protection exemptions
If a child who would be the subject of the application is the subject of a current child protection plan, or there is an ongoing local authority enquiry under section 47 of the Children Act 1989, you do not need to attend a MIAM.
“We see urgent applications most often where one parent is threatening to take a child abroad without consent, or where domestic abuse has escalated. We always advise people not to wait. If you genuinely qualify for an exemption, the court would rather see you apply quickly with the right evidence than delay and risk harm to your child.”
— Jess Knauf, Director of Client Strategy at Mediate UK
How urgent and without notice applications work
Within an urgent C100 application, there are two related but distinct routes: an urgent (on notice) application and a without notice (ex parte) application.
Urgent on notice applications
An urgent on notice application is one where the court is asked to list the matter quickly, but the other parent is given short notice of the hearing. This might be a few hours or one to two days. It is suitable where the matter is pressing but does not require the element of surprise. The court will usually expect you to have made some attempt to inform the other parent unless doing so would defeat the purpose of the application.
Without notice (ex parte) applications
A without notice application is heard by a judge without telling the other parent in advance. This is reserved for situations where giving notice would either put a child at risk or allow the other parent to remove the child or evidence before the court could intervene. Common examples include:
- Suspected child abduction where the other parent holds the child’s passport.
- Threats of immediate physical harm.
- Risk that a child will be hidden or moved out of the jurisdiction.
If a without notice order is made, the court will list a return hearing within a short period (often 7 to 14 days) so the other parent can attend and respond.
How to indicate urgency on the C100 form
Filling in the C100 correctly is essential. A poorly completed form will be rejected by the court and lose you precious time. Here are the key sections to focus on for an urgent C100 application.
- Section 2a: Tick the box stating “I am applying for an urgent hearing.” Specify how quickly you need the hearing (for example, “same day”, “within 24 hours”, or “within 7 days”).
- Section 2b: If applicable, tick the box for “without notice” and explain in the supporting statement why notice should not be given.
- Section 3a: Tick the relevant MIAM exemption. Common ticks include domestic abuse, urgency, and child protection.
- Supporting statement: Attach a witness statement (sometimes called a C1A or a separate sworn statement) setting out the facts, the risk, the evidence, and the order you are asking for.
It is helpful to mark the front of your application bundle “URGENT” and email the court office in advance so staff know to expect the papers.
Need to Check Whether You Need a MIAM First?
Before you can file a C100 and reach the FHDRA, you usually need to attend a Mediation Information and Assessment Meeting. Our MIAM checker will tell you in 60 seconds whether you need one or whether an exemption applies. A MIAM at Mediate UK costs £138 and can usually be booked within days.
What evidence does the court expect?
The court will not grant an urgent or without notice order on assertion alone. You must show the judge there is a genuine emergency. Evidence that strengthens an urgent C100 application includes:
- Police reports, crime reference numbers, or evidence of arrest.
- Medical reports or A&E records.
- Text messages, emails, or voicemails showing threats or abusive behaviour.
- Photographs of injuries or property damage.
- Witness statements from family members, friends, neighbours, or professionals.
- Evidence of plane tickets, packed bags, or stated intention to leave the country.
- Letters from social workers, GPs, or schools confirming concerns.
The judge applies the principle from R v R (Family Court: Procedural Fairness) [2014] and the wider duty of full and frank disclosure. You must put your case fairly, including any facts that weaken it, because the other parent is not there to do so.
Comparison: Standard vs urgent C100 applications
| Feature | Standard C100 | Urgent C100 |
|---|---|---|
| MIAM required | Yes | Not if exemption applies |
| Court fee | £270 | £270 |
| Time to first hearing | 8 to 12 weeks | Same day to 14 days |
| Notice to other parent | Yes, full notice | Short notice or none |
| Evidence threshold | Standard | High, with supporting documents |
| Witness statement required | Sometimes | Almost always |
Step-by-step: How to make an urgent C100 application
Step 1: Check whether you genuinely qualify
Before claiming an exemption, read the wording carefully. Courts take a dim view of applicants who tick the urgency box without proper grounds. If your matter is serious but not life-threatening or time-critical within hours, you may still need to attend a MIAM, just an urgent MIAM rather than a standard one.
Step 2: Gather your evidence
Pull together every document, message, and witness statement that supports your account. Save messages as PDFs rather than screenshots where possible. Get crime reference numbers from the police and request copies of any reports.
Step 3: Complete Form C100 and Form C1A (if relevant)
The C1A is a supplemental form for safeguarding allegations. If domestic abuse, harm, or risk to the child is part of your application, you must complete a C1A. Tick the urgent and (if applicable) without notice boxes on the C100. Tick the correct MIAM exemption.
Step 4: Prepare a supporting witness statement
Set out the chronology, the risk, the evidence, and the orders you seek. Be factual and concise. Exhibit your evidence as numbered attachments. Sign and date the statement with a statement of truth.
Step 5: Submit to the court
Submit the application via the online portal at gov.uk or by post and email to your nearest Family Court. Mark everything URGENT. Pay the £270 court fee or apply for Help with Fees (Form EX160) if eligible. Phone the court office to confirm receipt.
Step 6: Attend the hearing
If granted an urgent listing, you may be given a hearing within 24 to 72 hours. Be prepared to attend in person or by video link. Bring your evidence and be ready to answer the judge’s questions clearly.
What if you don’t qualify for an exemption?
Many people assume their case is urgent enough to skip the MIAM, but the threshold is high. If your matter is pressing but does not meet the legal test for an exemption, the better route is to book an urgent MIAM.
At Mediate UK, an urgent MIAM can usually be arranged within 24 hours, often the same day. The mediator will sign the MIAM certificate the same day, allowing you to submit your C100 immediately. This is faster than fighting a contested exemption application that the court might refuse.
“We worked with a father who was convinced he qualified for the urgency exemption because his ex-partner had stopped contact. The court took the view it was not an emergency in the legal sense and rejected the application. He came to us, we did an urgent MIAM the same afternoon, and his C100 was filed properly the next morning. He saved weeks compared to appealing the rejection.”
— Jess Knauf, Director of Client Strategy at Mediate UK
Common mistakes to avoid
- Ticking the wrong exemption box: Each exemption has a specific legal test. Tick only the one that genuinely applies.
- Not attaching evidence: A bare assertion of urgency is rarely enough.
- Forgetting Form C1A: If safeguarding issues are raised, the C1A is mandatory.
- Overstating the case: Judges can spot exaggeration. Stick to facts and dates.
- Failing to disclose weaknesses: On a without notice application, you have a duty of full and frank disclosure. Hiding inconvenient facts can cause the order to be set aside.
- Missing the return hearing: If a without notice order is made, you must attend the on notice return hearing or risk the order being discharged.
How long does an urgent C100 take?
Timings vary by court and circumstances, but a rough guide is:
- Same day: Genuine emergencies involving abduction or immediate physical risk.
- Within 24 to 48 hours: Serious risk of harm or significant prejudice if delayed.
- Within 7 to 14 days: Other urgent matters where harm is foreseeable but not imminent.
- Standard track: 8 to 12 weeks to first hearing.
Court resourcing pressures mean some courts are slower than others. If you instruct a solicitor or family law expert, they can liaise with the court office to push for the earliest realistic listing.
Sarah’s Story: Stopping a planned removal
Sarah came to us in a panic on a Friday afternoon. Her ex-husband had told their nine-year-old daughter he was “taking her on holiday” the following Monday, and Sarah had found packed bags and a one-way ticket to a country outside the Hague Convention. She had no time for a standard MIAM. We helped her gather screenshots, the airline booking, and a statement from her mother. She made a without notice application that same evening, and a Prohibited Steps Order was made by the on-call judge by 9pm. The passport was surrendered to court the next morning. Sarah’s case is exactly the kind of situation the urgency exemption was designed for.
Summary
An urgent C100 application allows you to apply to the family court without first attending a MIAM where the law recognises a genuine emergency. The most common grounds are risk of harm, child abduction, domestic abuse, and ongoing child protection involvement. You must tick the correct exemption box on the C100 form, complete a C1A where safeguarding is in issue, and provide robust supporting evidence.
Without notice applications are reserved for the most serious cases and carry a duty of full and frank disclosure. Where you do not qualify for an exemption, an urgent MIAM booked within 24 hours is usually the fastest legitimate route to court. The court fee remains £270, and getting the paperwork right first time is the single most important factor in moving quickly.
Frequently Asked Questions
Can I apply for a C100 without a MIAM if my ex won’t let me see my children?
Refusal of contact alone does not usually qualify as a MIAM exemption. The court generally expects parents in this situation to attempt mediation first. If, however, there is a risk of harm or your child has been removed from your care without warning, that may meet the urgency or safeguarding test. An urgent MIAM is the safest route in most contact cases.
How quickly can I get an urgent MIAM?
At Mediate UK, urgent MIAMs are usually available within 24 hours, often the same day. The signed MIAM certificate is issued the same day, allowing you to submit your C100 straight away.
What is the court fee for an urgent C100 application?
The court fee is £270, the same as a standard C100. You may qualify for Help with Fees if you are on a low income or receive certain benefits. Apply using Form EX160.
What is the difference between an urgent and a without notice application?
An urgent application is listed quickly with short notice to the other parent. A without notice application is heard by a judge without the other parent being told in advance and is reserved for cases where giving notice would defeat the purpose of the order, such as suspected abduction.
What happens if the court refuses my urgent application?
If the court refuses to list the matter urgently, your application will usually be put on the standard track. You may then need to attend a MIAM before the case progresses. This is why getting the exemption correct first time matters.
Do I need a solicitor for an urgent C100?
You can apply as a litigant in person, but the evidence threshold and procedural rules are demanding. Many people use a fixed-fee form completion service or family law expert to make sure the paperwork is right. Mistakes at this stage can cause days or weeks of avoidable delay.
What evidence do I need for a domestic abuse exemption?
Acceptable evidence includes police cautions or convictions, non-molestation or occupation orders, undertakings, medical reports, refuge letters, and letters from recognised domestic abuse organisations. The full list is in Practice Direction 3A.
Get the right help, fast
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