Using form C100 to change a child's name

When a name change needs form C100#

When someone with parental responsibility will not agree to a child's change of name, and you cannot settle it between you. Form C100 is the application for a "section 8" order in England and Wales, and its own example of a specific issue order is asking the court "to decide whether a child's surname should be changed". If everyone with parental responsibility agrees, no form is needed: the change is made by a child deed poll with their consent.

Two other situations lead to the court too. Where a child arrangements order says who the child lives with, section 13 of the Children Act 1989 forbids causing the child to be known by a new surname without the written consent of everyone with parental responsibility or the court's leave. And if a case about the child is already open, the C100 says to use form C2 within those proceedings instead. For a child of 16 or 17, section 9 of the Act lets a court make a section 8 order only in exceptional circumstances; at that age the child can make their own deed poll.

The order works in both directions. A parent trying to stop a change asks, on the same form, for a prohibited steps order.

Before the form: the mediation meeting#

The Children and Families Act 2014 requires you to attend a mediation information and assessment meeting (MIAM) before applying. The C100's opening pages ask you to sign that you understand the court cannot process your application without a MIAM or a valid exemption, and that a judge can pause the case at any time to try settling it out of court. If you attend and the other parent does not, GOV.UK says you can still apply. A MIAM usually costs around £120, it adds, and nothing if either of you qualifies for legal aid.

Going through the form#

The form's sections are numbered 1 to 16, with a front section before them. These are the parts that carry a name case. The C100 says to answer every question, saying so where you do not know, because missing information delays the case.

Front pages. Tick "Specific Issue Order" and, in the box that follows, say exactly what you want decided: the child's present name and the name proposed. Then answer the questions on risk of harm. A "yes" to any of them means also filing form C1A. Questions A1 to A8 send you to later sections, for example Section 7 if there have been other court cases about the child.

Section 1, the child. The child's details, the orders you apply for and, at question 1.5, everyone who has parental responsibility and how they have it. Who has parental responsibility? helps with that answer, because those people are the respondents.

Sections 2 to 4, the MIAM. You say whether you attended one. If you did, the mediator completes and signs Section 4. If you claim an exemption, Section 3 lists them: domestic abuse, child protection concerns, urgency, a MIAM or other out-of-court process within the last four months, and others such as an application without notice or no mediator available. Some need evidence sent with the form. If you answer "no" to both, the form says you cannot make the application.

Section 5, why you are applying. Question 5.4 is the heart of a name case. The form asks for a summary, not a full statement: any earlier agreements and how they broke down, your reasons for applying, what you want the court to do, and the reasons the other side has given. A clear account of how the child is known now and why the change serves them fits here; how the court decides sets out what the court will weigh.

Sections 6 to 10. Urgent or without notice hearings, earlier court cases, any link with Scotland, Northern Ireland or abroad, anything affecting someone's ability to take part, and needs at court such as an interpreter or Welsh.

Sections 11 to 14, the people. You, each respondent and anyone else who should be told, with addresses for the last five years where known, and your solicitor if you have one. To keep your address from the other side, leave it blank and complete form C8.

Sections 15 and 16. A checklist, then a statement of truth. The form warns that a false statement made without an honest belief in its truth can lead to proceedings for contempt of court.

The fee, and sending it#

The fee is £270, the figure in HMCTS's fee list (EX50) of 13 July 2026 for a new Children Act application such as a specific issue order. Help with fees can reduce or remove it, depending on your savings, benefits and income; you apply online or on form EX160 with the application, or within three months of paying for a refund.

GOV.UK asks you to apply online to avoid delay, and gives you 28 days to finish an online application once started. On paper, you send the form and three copies to the child's local family court. If you choose to pay by card, the court contacts you within three working days to take payment.

What happens after you apply#

The court checks the form and any MIAM exemption, then sends the application and a notice of the first hearing to the respondents itself. The form is shared with Cafcass, or Cafcass Cymru in Wales, which carries out safeguarding checks before that hearing and may phone each parent about safety only. HMCTS's guidance says the first hearing usually takes place around five weeks after the court receives the application; the form itself says that in many cases it is within two months.

At the hearing, GOV.UK says, the judge or magistrates work out what you agree on, what you do not, and whether the child is at risk. If you agree, the court can make a consent order; if not, it sets a timetable and may ask Cafcass for a report, in which the family court adviser may ask the child about their feelings. The child's welfare comes first throughout, and GOV.UK puts the usual time to an order at around 10 months.

After the order#

An order usually gives permission rather than changing the name itself. HM Passport Office's guidance says that a court order giving authority to change a child's name still needs evidence of the change, unless the order itself shows it, and evidence that the new name is in use. That evidence is normally a child deed poll made after the order.

Scotland and Northern Ireland#

Form C100, the MIAM rule and the £270 fee belong to England and Wales. Scotland and Northern Ireland have their own courts and orders: a child's name in Scotland and in Northern Ireland.

Getting help#

This page explains the form; it cannot advise on your case. GOV.UK points to AdviceNow for how the family court works, to Support Through Court, a free service that can help you apply, and to Citizens Advice. You can check whether you can get legal aid, find a legal adviser, or find an accredited mediator through the Family Mediation Council.