When a relationship breaks down, the family unit changes and while this is difficult for any separating couple, it can be especially stressful when children are involved. For many parents, the most pressing decision is to agree where the children will live, and how much time they’ll spend with the other parent.
When parents can’t agree amicably about how time with the children will be split, the family courts can step in and decide. They’ll outline their decision in a Child Arrangements Order. This will stipulate who the children will live with and how their time between both parents will be divided.
This can be an emotionally harrowing process, but it isn’t uncommon to need a Child Arrangements Order. Sometimes however, that isn’t the end of the matter. You may need to return to court to request a variation to the Order at some point in the future.
What are the legal grounds for seeking a variation of a Child Arrangements Order?
It’s not unusual to wish to seek a variation of a Child Arrangements Order, especially if the order was issued when the child or children were of a young age. Naturally, circumstances do change and it’s understandable that arrangements made several years ago may not be the right fit today.
To seek a variation of a Child Arrangements Order, you must have parental responsibility for the child. You’ll also need to demonstrate that the changes you propose are in the child’s best interests.
Common reasons for seeking a variation of a Child Arrangements Order include:
- One parent’s personal circumstances change leaving them unable to comply with the original Order. This could be due to a new job or a change to working hours, for example
- Relocation to a new area
- Ill health means one parent can no longer meet the requirements of the original Order
- One parent has concerns about the welfare and safety of the child when in the company of the other parent
- The relationship between one parent and the child breaks down
- The child develops additional emotional, educational, or physical needs which aren’t covered by the current Order
- There is evidence of domestic violence or other issues such as drug and/or alcohol abuse which put the child’s wellbeing at risk
How does a significant change in circumstances affect Child Arrangement Orders?
If a change in circumstances means the child’s best interests are not being met, it’s possible to apply to vary the Child Arrangements Order. Significant changes include changes which impact a parent’s ability to comply with the order or maintain their contact hours with the child – such as one parent moving away due to a new job or new relationship, or the child developing additional needs which the current Order doesn’t account for.
In order for the court to vary the Order, they must be satisfied that the change is in the best interests of the child, with their wellbeing the primary deciding factor for granting the variation.
What impact does relocation of a parent have on varying a Child Arrangements Order?
If one parent relocates, the present Order may no longer be suitable. In order to allow the child to continue to have contact with their parent, the existing Child Arrangements Order may need to be amended.
How do changes in a child’s needs and preferences influence the modification of an order?
When deciding whether to change a Child Arrangements Order, the family court will always consider the needs and preferences of the child. As the child goes older, preferences about who they live with or how much contact they have may change. Their preferences will be taken into account when considering if the order should be varied.
What steps should parents take to successfully apply for a variation of a Child Arrangements Order?
If both parents agree that a change is required – and they agree on what that change is – they can draft a consent order to outline the new agreement. The court will then review the draft order and decide whether or not to give approval.
If it isn’t possible to reach an agreement together, you can apply to the court to vary the order:
Step 1: The person applying for the variation will first attend a (Mediation Information and Assessment appointment).
Step 2: A C100 application should be completed and filed with the court.
Step 3: When the application has been processed, a First Directions Hearing will be scheduled.
Step 4: Subsequent hearings may be listed as needed if no agreement can be reached.
Step 5: CAFCASS may become involved with the case.
Step 6: The court reviews the application and decides what’s in the best interests of the child.
Step 7: If the court agrees the requested variation is in the best interests, the variation will be approved and the Order amended.
If you’re considering applying for a variation to your Child Arrangements Order, our experienced family solicitors can help you navigate the process. Contact us to discuss your circumstances in confidence.
