A Child Arrangements Order is designed to provide stability and clarity for children ad their families. However, as life changes, arrangements that once worked well may no longer be suitable.
It’s a question we get asked a lot: Can I change a Child Arrangements Order?
The short answer is yes. But the court wont revisit arrangements lightly.
In this blog, we explain when and how you can vary a Child Arrangements Order, and what the court will consider when making a decision.
What is a Child Arrangements Order?
Firstly, what is it?
A Child Arrangements Order (CAO) sets out where a child will live and how much time they spend with each parent or other important individuals. These orders are legally binding, so once in place, the court expects it to be followed.
If circumstances change for a family, it is possible to apply to the court to vary a Child Arrangements Order, but you will need to show that something has changed since the original order was made.
When can you change a Child Arrangements Order?
There are no firm rules about when you can change a Child Arrangements Order. However, the court will usually only consider changes if there has been a significant change in circumstances since the original order was made.
Examples of this might include:
- A parent moving/relocating or planning a move
- Changes in a child’s needs as they get older
- Concerns about a child’s safety or wellbeing
- A breakdown in communication between parents
- A parent not complying with the existing Child Arrangements Order
It’s not sufficient to simply feel unhappy with the arrangements. The court will want a clear reason why the current order is longer working.
Will the court always agree?
No. The court won’t always agree to vary a Child Arrangements Order even if you do provide a clear reason.
The key question for the court is always the same: is this change in the child’s best interests?
The court’s fundamental concern will always be the best interests of the child. This is known as ‘The Welfare Principle’
Even if both parents feel strongly about the change, the court will always focus on what is best for the child. Not what is convenient or preferred by either parent.
When deciding whether to vary a Child Arrangements Order, the court will consider factors such as;
- The child’s wishes and feelings (depending on their age and understanding)
- Their emotional and physical needs,
- The likely effect of any change in circumstances
- Any risk of harm
- The ability of the parents to meet the child’s needs
- The court will not make changes lightly, particularly if the current arrangements are stable and meeting the child’s needs
Do you have to go to court?
Not always. A practical point before making an application is to consider whether the issue can be resolved without the need of court and parents are always encouraged to try and resolve matters without court oversight.
Mediation can be a helpful way to reach an agreement without the stress and cost of court proceedings. This should always be considered before an application is made to court. If an agreement is reached, it can be made legally binding by applying for a consent order.
However, if agreement is not possible without the intervention of court, you may need to apply to court to change a Child Arrangements Order.
Key things to keep in mind
If you are considering applying to vary a Child Arrangements Order, it is important that you remember to focus on what is best for your child and you should always be able to demonstrate a willingness to support your child’s relationship with the other parent (where it is safe to do so)
Applications to change a Child Arrangements Order are not uncommon, but they are not granted automatically. The court will listen, but only where there is a clear, child-focused reason for doing so.
If you are unsure whether your situation justifies an application, seeking early legal advice can help you understand your options and approach matters in the most constructive way.
If you would like advice on how to vary a Child Arrangements Order or need support with an application, please contact our family law team on 0161 696 6193.
Blog author: Shelby Pohrebienyk
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