News & Insights

If you had to go to court to obtain a child arrangements order, it probably came as a relief once it was in place and you could settle into a new routine with your children. However, family life is forever evolving and there are many reasons why you may wish to ask for changes to your existing court order.

There is normally scope to seek such changes and hopefully this can be achieved by amicable agreement, but this will still need to be formalised by the court and made into an order. Sometimes, proposed changes can become contentious and may require the support of a solicitor or the intervention of the family court.

When can I seek changes to my order?

You can generally seek amendments to your child arrangements order if there are significant changes in circumstances that affect your child’s best interests. These might include:

• moving home – if you or the other parent plans to relocate, this could have a huge impact on the current contact arrangements;
• a new relationship – a new partner in either of your lives could affect your child’s environment or stability;
• your child’s evolving needs – as your child grows up and there are educational shifts, this could warrant adjustments in contact days and timing; or
• your child’s wishes – your child might express their feelings about wanting certain arrangements to change, to make them more comfortable.

Alternatively, risks or concerns may have emerged since the original order was put in place. For example:

• safety concerns – issues may arise about how safe current arrangements are for your child, for example if their other parent is abusing drugs or alcohol around the child;
• safety concerns about the other parent’s new partner – if you learn that the new partner poses a risk of harm through their drug and alcohol abuse or previous criminal offences; and
• breaches of the child arrangements order – the other parent may not be following the terms of the order, which then warrants a change to remove any unnecessary obligations on you and to manage your child’s expectations. For example, ensuring you take your child to contact when the other parent does not even turn up.

How do I go about seeking a change?

There can be several preparatory steps involved in seeking to change the terms of your child arrangements order. Whatever your reason for wanting a change, you will need to have evidence to support your request. For instance, if your child is moving from nursery to a primary school elsewhere, it would be a good idea to gather information on the extra distance, the school’s timetable and perhaps even a letter from the school confirming a few details. This will help the other parent to understand why their contact times might need to be adjusted.

The next step in the process is to then communicate your request to the other parent, presenting all of your research and evidence to back up why you think the change is needed. Making a thorough and amicable first approach should work in your favour and could be key to reaching an agreement.

If you can agree the changes between you, the final step is lodging a consent order at court to formalise the new arrangements.

What if the other parent does not agree?

While some requests will be agreed after an element of negotiation, some requests may come to a complete impasse, with the other parent simply refusing to agree to changes. You can rest assured that there are still avenues you can pursue, as follows:

• Mediation – an independent mediator, who is neutral, will guide the conversations in an unbiased way and try to put you and other parent in a position where a compromise is possible. Mediation can take place in person, or online where that is available.
• Legal advice – our family lawyer could take over negotiations if you feel that would assist, or if mediation has not worked out for you. This does not have to be seen as an aggressive move, because your lawyer will simply be trying to garner agreement using their experience and expertise. It often helps your position to have legal advice on what is deemed reasonable and what the law says, to persuade the other parent to adopt a child-centric approach.
• Court application – if mediation has failed or is unsuitable and the solicitor’s negotiations have reached an impasse, you have the option of making an application to the family court to vary your existing child arrangements order. It would be wise to seek legal advice before taking this step, so that you are prepared in advance for a court case, and court hearings.

What does the court consider?

If you are left with no option but to start court proceedings, it is important to understand how the judge will deal with your application.  As with your previous application for child arrangements, the law says that your child’s welfare is paramount and any order should be made with regards to what is in their best interests. Do bear this in mind if the changes you are seeking would be as a result of a change in circumstances which does not absolutely need to happen, or would not be in your child’s bests interests (even if this is something you would like to happen).

For instance, you may wish to relocate to another part of the country as a new job has come up there, and this would of course affect the time your child spends with their other parent. If that new job is much the same as your current one, and would not mean a much better life for your child, you might struggle in persuading the court to change your existing order, as it may not be in your child’s best interests to disrupt their settled life and reduce the time they spend with their other parent. By contrast, if you and your child had to move further away due to unavoidable financial reasons, which meant the other parent could no longer be involved in school runs, the court’s application of the law might fall in your favour.

How we can help

If a child arrangements order is in place, and you are anticipating an imminent change to your family life, we can help you to navigate your options and decide on a way forward if changes to the order will be necessary.

For further advice please contact one of our Family Law experts today.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.