Child Arrangements Not Working – What Can I Do?

Designed to help provide stability for children following a separation or divorce, a child arrangements order will set out where a child lives and how much time they spend with each parent. However, life changes, children grow up, and circumstances change. So, what happens when the arrangements that once served well start not to work? If your child arrangements are no longer working, there are steps you can take.

Both parents have responsibilities under a child arrangements order. Once the court has made an order, both parents have to follow its terms. This will include setting out with whom the child lives and how much time they spend with each parent.

If your ex-spouse is not complying with the order, or you believe the arrangements are no longer suitable, you should seek legal advice. Even if communication between parents has broken down, the law provides routes to enforce or vary an order when necessary. It’s important to remember that the child’s welfare is always the priority.

If your ex-partner breaches a child arrangements order, perhaps by refusing to allow contact or often cancelling visits, you can apply to the Family Court to enforce the order. Before doing so, it will be helpful to keep a detailed record of any missed contact or breaches, and to first try to resolve the issue through communication or mediation.

If the court finds that a breach has taken place and there is no reasonable excuse, it can enforce the order and make clear what must happen going forward or amend the order to prevent further disputes.

If the current child arrangements are no longer working, you can apply to vary the existing order. There can be many reasons for doing so. For example, perhaps a parent is moving house or changing work schedules, or a child’s needs are changing as they get older.

However, if both parents are willing to cooperate, it is often better to try to reach a new agreement outside of court first and then apply for a new child arrangements order.

If both parents agree that the current arrangements need to change, you can consider agreeing on new terms without returning to court. You can do this through mediation or through solicitor-led negotiation. In agreement is reached, your family law solicitor can apply to the court to make it legally binding. This approach can save time and help preserve a positive co-parenting relationship.

The Family Court will consider changing the child arrangements order if necessary. The court will always prioritise the child’s welfare and will apply the welfare checklist, which includes

• the child’s physical, emotional, and educational needs
• the likely effect of any change in circumstances
• the child’s wishes and feelings
• the capability of each parent to meet the child’s needs

There may be child arrangement cases where there are immediate safety concerns. For example, if a child is at risk of harm. If this is the case, you may be able to make an urgent court application. Speak to a family law solicitor you will be able to advise whether to apply for an enforcement order, a specific issue order, or a prohibited steps order, depending on the circumstances.

It can be frustrating and worrying when a Child Arrangements order is not working. But there are options available to you if you need to enforce, vary, or negotiate new arrangements.

If you are struggling with a Child Arrangements Order that isn’t working, speak to our leading family law solicitors in Milton Keynes. Our team of specialists can advise and guide you from the moment we start working with you.

In addition to our head office in Milton Keynes, we also have offices in Bicester, Watford, and London where we can arrange appointments to see you in person. 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.

.