Child Arrangement Orders: what are they and can they be changed?

Navigating child arrangements during and after a separation or divorce can be one of the most challenging aspects of family law. In our blog, “Child Arrangements Orders: What Are They and Can They Be Changed?” we delve into the intricacies of this legal process. Join us as we unravel the essence of child arrangements orders, exploring their purpose, scope, and the factors considered in their creation. Moreover, we examine the question of flexibility—are these orders set in stone, or can they be modified to adapt to changing circumstances? Whether you’re seeking clarity on your rights as a parent or navigating the complexities of co-parenting, our blog aims to provide invaluable insights into child arrangements orders and the potential avenues for adjustment in the best interests of the child.

Can a child arrangements order be changed?

Where a Child Arrangements Order has been made by the court in respect of spending time with children or as to where children live, it is possible to apply to vary the order. Initially, there would need to be a referral to mediation in order to see whether a variation can be agreed. If an agreement is reached at mediation, the court can be invited to vary the order by consent. This will save on time and be more cost effective. 

What if an agreement cannot be reached?

Where it is not possible to agree a variation of a Child Arrangements Order at mediation, or through Solicitors, an application to court can be made thereafter, to vary an order. The matter will be listed for the involvement of Cafcass (Children and Family Court Advisory and Support Service), and thereafter for a Directions Hearing before the court. Both parties will have an opportunity to confirm their position to Cafcass during initial discussions. It may be necessary for Cafcass to prepare a more detailed report. 

What is considered when varying a Child Arrangements Order?

When considering whether it is appropriate to vary a Child Arrangements Order, the court will always consider the best interests of the children, along with the Welfare Checklist as follows:

• the ascertainable wishes and feeling of the child concerned (considered in the light of            the child’s age and understanding);
• the child’s physical, emotional and educational needs;
• the likely effect on the child of any change in his/her circumstances;
• the child’ age, sex, background and any other characteristic which the Court considers relevant;
• any harm which the child has suffered or is at risk of suffering;
• how capable each of the child’s parents, and any other person in relation to whom the Court considers the question to be relevant, is of meeting the child’s needs;
• the range of powers available to the Court.

Unless the order is varied by agreement, it can take several months for the application to proceed through the court. Therefore, attempts should always be made to agree any changes to court orders prior to making the application to court.

How can Taylor Bracewell’s family team assist you?

If you need legal advice in regards to a Child Arrangements Order, our friendly, experienced family team are happy to help. Call our Doncaster solicitors on 01302 341414 or our Sheffield solicitors on 0114 272 1884. Alternatively, you can fill out our online enquiry form.