If you had to go to court to obtain a child arrangements order, it would have likely come as a relief once the order was in place and you could finally settle into a new routine with your child/children. Family life, however, is forever evolving. Circumstances can often change, and there are many reasons why you may wish to ask for amendments to be made to the existing court order.
Any changes to an existing child arrangements order can hopefully be achieved by way of an agreement between you and the other parent, but those changes may still need to be formalised by the court to take legal effect. Sometimes, proposed changes can become contentious and may require the support of a solicitor or the intervention of the family court.
‘If your circumstances have changed, this can often mean the arrangements for your children need to adapt,’ explains Olivia Clements, a Solicitor in the family team at Nalders. ‘Where an order is in place, you are legally bound to follow what is set out in it, so it is always a good idea to ensure that it is updated where necessary.’
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 impact the existing contact arrangements;
- Your child’s evolving needs – As your child grows up, educational or practical changes may require adjustments in contact days and timing; or
- Your child’s wishes – As your child gets older, they might express views about wanting arrangements to change.
Alternatively, risks or concerns may have emerged since the original order was put in place. For example:
- Safety concerns – Issues may arise about whether current arrangements remain safe, 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 of the other parent 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 complying with the terms of the order, for example failing to attend contact in accordance with the terms of the existing order.
How do I go about seeking a change?
There are several preparatory steps involved in seeking changes to the terms of a child arrangements order. Whatever your reason for wanting a change, you will need to have evidence to support that your proposed change is in your child’s best interests.
For instance, if you wish to propose that the child is moved 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 details of any extra curriculars that the primary school offers. This may help the other parent to understand why the terms of the order might need to be adjusted.
The next step in the process is to then communicate your request to the other parent, presenting all your evidence to show why you think the change is necessary.
If you can agree the changes between you, the final step is lodging an application at court to request a further order which sets out the revised arrangements. This ensures that any changes that you have agreed are set out within a court order and avoids the risk of you breaching the original child arrangements order.
You can seek assistance from a lawyer on the basis that you and the other parent have agreed to change the terms of the order, and you would like assistance to make the agreed changes legally binding.
What if the other parent does not agree?
While some requests maybe agreed through discussion, others may reach an impasse. If an agreement cannot be reached, there are other avenues that you can pursue, as follows:
- Mediation – An independent mediator can help facilitate discussions and support both parties in reaching an agreement. Mediation can take place in person, or online where that is available. Mediation is not suitable for everyone, for example if domestic abuse is a relevant factor. If mediation is not appropriate, then you may wish to instruct a solicitor who can set out your proposed changes to the other parent.
- Legal advice – You can instruct a solicitor at any time who can enter negotiations with the other parent and seek to reach agreement. It often helps your position to have legal advice on what is deemed reasonable and what the law says
- Court application – If mediation is unsuccessful or inappropriate, you may apply to the court to vary the existing child arrangements order. Your lawyer can assist you with any application that you make.
What does the court consider?
If you are left with no option but to start court proceedings, it is important to understand how the court will deal with your application. As with the previous application for a child arrangement order, the law says that your child’s welfare is paramount and that any order should be made with regards to what is in their best interests. The court will not make changes to an order simply because one parent would prefer a different arrangement, if it is not in the child’s best interests to do so.
How we can help
If a child arrangements order is in place, and you are seeking a change to the order, we can help you to navigate your options and decide on a way forward.
For further information, please contact Olivia Clements in the family law team on 01326 313441 or email orc@nalders.co.uk. Nalders has offices in Falmouth, Newquay, St Austell, Truro, Helston, Camborne and Penzance.
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.