Can You Change a Child Arrangements Order?

A Child Arrangements Order is a legally binding court order that sets out where a child will live and how they will spend time with each parent or other important individuals in their life. However, as children grow and circumstances change, what worked at the time the order was made may no longer be suitable. If you are a parent or legal guardian wondering if you can change a Child Arrangements Order, this article will help you understand your legal options and the steps involved.

A Child Arrangements Order is a legal order issued by the family court under the Children Act 1989. It determines where the child will live (previously called a “residence order”) and who the child will spend time with and how often (previously called a “contact order”).

The purpose of child arrangements is to ensure that the child’s welfare is prioritised and that their relationship with both parents and other significant people is maintained in a way that serves their best interests.

A Child Arrangements Order can be changed if the current arrangements are no longer suitable. This could be due to a parent moving to a new location; changes in the child’s needs as they grow older; changes in parental work schedules or circumstances, or concerns about the child’s welfare or safety. The first step in making changes is to try to reach an agreement with the other parent. If this is not possible, you may need to apply to the court for a variation order to modify the existing Child Arrangements Order.

If you disagree with a Child Arrangements Order, you can challenge it in two ways. You can appeal the order if you believe the court made a legal error when issuing it (appeals are only granted in limited circumstances), or you can apply to vary the order if circumstances have changed significantly. This is the most common approach.

Challenging an order requires strong legal grounds, and you may need to provide evidence to support your case, such as witness statements, school reports, or medical records

The following individuals can apply to change a Child Arrangements Order: A parent, guardian, or person named in the current Child Arrangements Order; a person with parental responsibility (such as a step-parent with PR); any person with the court’s permission, such as a grandparent or relative who has played a significant role in the child’s life. The court will consider whether the applicant has a valid reason for requesting a variation before proceeding.

When deciding whether to vary a Child Arrangements Order, the court will always prioritise the child’s best interests. Key factors considered include the child’s wishes and feelings (depending on their age and understanding), the child’s emotional, educational, and physical needs, the likely effect of any change in arrangements on the child’s well-being, the capability of each parent to meet the child’s needs, and any risk of harm to the child in the current or proposed arrangement. The court aims to ensure that the child has a stable, secure, and positive upbringing.

If a parent fails to comply with a Child Arrangements Order without a valid reason, they may face legal consequences. The other parent can apply to the court for enforcement of the order. Possible court actions include a warning notice to the non-compliant parent, an order for unpaid work (community service), and fines or compensation orders. If a parent breaches the order due to genuine concerns for the child’s safety, they should seek legal advice immediately.

It is highly recommended that you seek legal advice before attempting to change a Child Arrangements Order. A family law solicitor will be able to help you negotiate changes with the other parent, advise on whether a court application is necessary, assist in preparing the strongest possible case, and represent you in court if needed.

Every family situation is unique, and getting professional guidance will ensure you take the right steps while prioritising your child’s well-being.

A Child Arrangements Order is not set in stone. It can be changed if circumstances require it. However, any changes should always focus on the child’s best interests. If you need to modify or challenge an order, it’s crucial to explore all options, try mediation where possible, and seek legal support for the best outcome.

As leading family law solicitors in Milton Keynes, our team of specialists can advise and guide you from the moment we start working with you. We also have offices in Watford, Bicester and London. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.