Can a Child Arrangements Order be changed?

Throughout our lives, family circumstances rarely stay the same, and as children grow, their routines may also alter. In some cases, a Child Arrangements Order may need to be changed to reflect new circumstances. Whether it’s relocation, work patterns, the child’s needs or welfare concerns, we explore the process of varying a Child Arrangements Order.

Common reasons to vary a Child Arrangements Order

There are many reasons why a parent or guardian might need to vary a Child Arrangements Order. Although every family's situation is different, we have listed a few common scenarios below:

• Relocation or changing work commitments: When one parent is moving house or starting a new job, they may find the existing arrangements are no longer practical.

• Changing needs of the child: As children grow older, their routines, schooling, hobbies, health needs, and personal wishes might change. As a result, this can mean the original arrangements are no longer suitable.

• Safeguarding concerns over welfare: If there are concerns about a child's safety, or one parent is not following the order, early legal advice should be sought. In some cases, the Courts will consider interim changes while the wider issue is resolved.

If both parents are happy to adjust the current arrangements, they can agree to new terms informally between themselves. However, an informal agreement is not legally binding. Therefore, if the arrangements break down, then either parent could revert to the original order. We recommend formalising new agreements relating to child arrangements, usually through a Consent Order for greater certainty and protection for everyone involved.

Where parents cannot agree, then the person seeking the change (the applicant) will usually need to apply to the Courts. The Judge will only vary the order if it’s considered to be in the best interests of the child.

How do you vary a Child Arrangement Order?

When it comes to applying for the order to be varied, either parent can make an application. In situations where parents cannot agree, they may be expected to attend a Mediation Information and Assessment Meeting (MIAM) unless an exemption applies. A typical exemption for not attending a MIAM include urgent situations or where domestic abuse is a factor.

Although it’s not required in every situation, mediation gives parents the opportunity to reach an agreement without the time, cost and stress of court proceedings. Once agreement has been reached, a Consent Order can be drafted and sent to the Courts to make it legally binding.

If the matter does require a court hearing, then a C100 form will need to be completed. The Judge will apply the welfare checklist set out in the Children Act 1989. Factors such as the child's wishes and feelings, age and understanding, physical and emotional needs, and the likely effect of any change on the child will be considered. The Courts will look for a genuine change in circumstances, rather than simply revisiting a decision because one parent is unhappy with the original order.

Can a Child Arrangements Order be enforced?

Sometimes, a Child Arrangements Order does not need to be varied, just enforced. There is a clear distinction between varying an order and enforcing one.

Varying an order means changing its terms to reflect new circumstances. Enforcing an order applies where the existing arrangements are not being followed, and a parent needs help from the Courts to ensure compliance. Therefore, a change in circumstances requires a variation, while a breach of the current terms may require enforcement.

If your ex-partner is not complying with an existing Child Arrangements Order, then get professional legal advice. Your solicitor will help you complete the necessary forms, and they will ask the Courts to help you enforce the order. For more guidance on order breaches, read our blog What is the process for a Child Arrangements Order in the UK?

Your local solicitors for Child Arrangements Orders

As every family's circumstances are different, the right approach to varying a Child Arrangements Order will depend on your individual situation. If you are considering making an application to vary an order, seek advice from an experienced family law solicitor as soon as possible.

At Salusbury Harding and Barlow, our sympathetic and caring family law team understand the stress that can be caused by child arrangements. Whether you need to apply, vary or enforce a child-related order, we will explain your options and the next steps. 

If you need advice on varying a Child Arrangements Order, please get in touch or email: Carly.Price@shbsolicitors.co.uk to arrange a face-to-face or telephone appointment.