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What is a Child Arrangements Order?
Child arrangements orders outline the child’s living arrangements, who a child should have contact with or spend time with, and when a child should have contact with each parent.
As the circumstances for every family are different, child arrangements orders are unique to the family.
A child arrangements order is usually made when the child’s contact and residency cannot be agreed upon through mediation or negotiation between two parents.
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Can a Child Arrangements Order be changed?
child arrangements orders can be changed as parents’ circumstances change with time, and a child’s needs change as they get older.
There are various reasons why you might need to change the child arrangements order, for example:
- Your employment has changed, and you cannot fulfil your contact in the way the order sets out
- You are moving house
- The child’s needs have changed.
If you wish to change a child arrangements order, you need to see if the other party agrees. If you cannot decide between yourselves, consider whether mediation is appropriate. If you still cannot agree, seek legal advice and consider making an application to the court.
If the court has made an order, you must do what the order says, even if you disagree.
If you wish to change the order, you should consider applying to vary or discharge the existing court order.
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Who can apply for a variation order in family court?
Anyone with parental responsibility can apply to vary an existing child arrangements order.
This can include:
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A parent, guardian or special guardian.
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A step-parent or another person who has parental responsibility for the child by way of a parental responsibility order or agreement.
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Anyone who has a ‘live with’ child arrangements order in their favour already.
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Any person who has parental responsibility by being named in a child arrangements order for the child to have contact/spend time with them.
The following other people can also apply:
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Someone who has the consent of everyone who has parental responsibility for the child or anyone who has a ‘live with’ order in their favour.
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A father married to, or in a civil partnership with, the mother but not named on the birth certificate of the child(ren)
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If the child is in local authority care, a person who has the authority’s consent.
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A foster parent or other relative, if the child has lived with them for one year immediately before making the application.
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Anyone who the child has lived with for three years.
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What will the court consider when reviewing an application to vary a child arrangements order?
The court asked to review or change a child arrangements order must pay heed to the statutory welfare checklist contained in section 1(3) Children Act 1989.
Above all, the children’s welfare is the court’s main consideration.
When the court considers whether or not to make one or more orders under the Children Act, they must consider that such action is better for the child than making no order.
Under the Children Act, any delay in determining the issue is deemed detrimental to the child’s welfare.
Nonetheless, the court will dedicate the appropriate time and resources to the case to guarantee it is managed appropriately.
What happens if one party breaches a Child Arrangements Order?
In some circumstances, the other parent may decide not to abide by the arrangements set out in the order, and they may continue to do so until you take action.
In this case, it’s important to quickly seek expert legal advice from a solicitor before you apply to the court to enforce the order.
During the first hearing, the court will look at the reasons for non-compliance and see whether CAFCASS needs to take action.
Do I need to seek expert advice from a solicitor before changing a Child Arrangements Order?
Due to child arrangements orders being orders of the court, you must abide by them, failure to do so could mean serious consequences.
Parents often underestimate the emotional trauma and legal complexities of entering a family court process, so specialist solicitors with experience, understanding and empathy are a vital asset.
Also, specialist solicitors will be able to view your case objectively and highlight flaws at an early stage to help achieve the best outcome for your children.
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What our clients say
Pooja Patel helped me through cases involving my children and divorce. She is very supportive and was very amazing and got the results needed in very difficult circumstances. I’m thankful l had Pooja at my side and do not know what l would have done without her.
Charlotte Brown and the team at Stowe Family Law have been brilliant since day 1. When I came to them I had been contemplating self representation due to costs, but allowing them to help has been worth every penny.
When I instructed Charlotte I was depleted and terrified, dealing with a very difficult ex partner and on my own in the UK with no family support. Charlotte was calm and patient throughout every hurdle and was a listening ear many times. I felt very much shielded from conflict as well as far as possible which I am extremely grateful for.
Stowe also have an excellent range of barristers and the ones we used were extremely professional, excellent negotiators and worked to help find logical solutions that would get us closer to the last step. Charlotte alongside the barristers were especially good at also helping me see the bigger picture rather than just telling me what I wanted to hear which in turn has led to a very positive outcome. I still have the last order to get to but we're pretty much there and the solution is the best one for my daughter which was the main focus every step of the way.
I had to change my solicitors, that's why I met Kate Bouwmeester at Stowe Family Law. I wish I had her as my solicitor from the very beginning. My financial matter was handled by Kate. Also, she gave me advice on children matters. Kate understood what my expectations were and honestly handled the matter cost-effectively. Kate had been brilliant when it came to clarity and details. She was quick with responses. I would highly recommend Kate Bouwmeester if you are looking for a solicitor for your marital conflict. Unlike some other solicitors, Kate Bouwmeester is able to advise on all matters - divorce, finances and children. I believe that these three matters are linked to one another and having one solicitor, rather than two, for all these matters is more efficient and cheaper. Thank you Kate for helping me
The team you manage have been fantastic with my cases. I moved solicitors and I was very nervous at whether I had done the right thing as it was a big decision. But after meeting Jake and how he listened to me and his no nonsenses attitude which I needed, I felt a lot more at ease. And his quick turnaround to take my cases on to putting a CAO in place last Friday that Ella sorted out for me and kept me in the loop all the way until it was filled with the court. And today Michelle for jumping straight on things while Jake was on leave and getting Ella to deal with the issue where I found my wife was trying to sell sentimental items on Facebook marketplace. Ella quickly responded and dealt with the situation in my opinion perfectly, and the items have been taken down by her now, again she kept me in the loop every step of the way which I really need at the minute. You have an amazing team and I feel very well looked after and I now believe I will get what I and my girls need through all this I know it will take some time, but I have faith in your team you have and trust them.
Congratulations to Helen Miller who maintains Band 3 ranking. Helen Miller is the managing partner at Stowe Family Law for Altrincham, Liverpool and Crewe. She assists clients with financial remedy cases and private law children matters, including abduction cases.
Hannah Stubbs – has significant expertise in children’s, financial and trusts of land cases, covering all eventualities that may arise in a complex case. Her grounded and down to earth manner ensures client expectations are realistically managed throughout.
...I must mention I’ve contacted over 5 solicitors. You are by far the most efficient and have sent me so much information within 24 hours. I feel really comfortable using you as my son is my world and you have shown support already.
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