Following a separation, parents may decide to have the arrangements for the care of a child clearly set out in a legally binding Court document known as a “child arrangements order” (further details of which are set out in our article here). That order may be made by agreement of both parents, or decided by a Judge in the event of a dispute.
However, as children grow up and time passes, circumstances naturally change meaning the existing order may no longer be suitable. In that situation, it is not uncommon for an existing order to be “varied”.
We see various reasons for a change in arrangements and those include:-
- One parent moving to a new area;
- A change in one parent’s work commitments;
- Welfare or safety concerns;
- A change in the health of one parent or the child.
To vary an existing order then the Court needs to be satisfied that any change would be in the child’s best interests.
Where both parents agree to the change, a consent order can detail the new agreement. This is then submitted to the Court (with an application form, setting out the required background information) for consideration / approval.
Where there is no agreement, then one parent may apply to the Court to vary the existing order. The first step is to attempt mediation to resolve the dispute (unless there are reasons not to, such as allegations of domestic abuse). If mediation is unsuccessful or unsuitable, then a Court application (C100 form) may be made. The Court will then set the case down for a first hearing.
At the first hearing the Court will determine what additional evidence is needed to decide the application. That may include written statements from both parents and a social worker (from CAFCASS) speaking to the parents and the child and then reporting to the Court with their recommendations on any changes.
There may be up to three hearings in total and if an agreement cannot be reached along the way, then the Judge will make a decision on any change at a Final Hearing.
At E J Coombs, our team of specialist family lawyers have a wealth of experience in dealing with applications to vary existing child arrangements orders, whether that be by agreement of both parents or not. Please do not hesitate to contact us using the links below should you wish to discuss your case further.
