Negotiating changes to a child arrangements order

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 routine with your child.

However, family life is forever evolving and there are many reasons why you may seek changes to the existing court order.

Hopefully such changes can be achieved by amicable agreement. However, sometimes proposed changes can be contentious and may require the support of a solicitor or the intervention of the family court.

When can I seek changes to my order?

‘A change in your child’s circumstances may require you to seek a variation of a child arrangements order, particularly if this change means the terms of the current order can no longer be upheld’ explains Samantha Sinclair, Head of Family Law with Ware & Kay.

Such changes may include:

• Moving home

If you or the other parent of the child plans to relocate, this could impact on the arrangements for where the child lives and the routine for spending time with the other parent.

• Your child’s evolving needs

As your child grows up and there are educational shifts and extracurricular commitments, this could require adjustments in arrangements;

• Your child’s wishes

As your child gets older, they may express wishes to change arrangements.

Alternatively, safety concerns may have emerged regarding the child whilst in the other parents care since the original order was put in place. For example:

• If the other parent is abusing drugs or alcohol around the child;
• If the other parent has a new partner that poses a risk of harm through their drug and alcohol abuse or previous criminal offences.

 If you seek a change to the current child arrangements order due to safety concerns regarding your child whilst in the care of the other parent, it is important that you report these concerns to Children’s Services straight away so that they can investigate. It is also important to seek prompt legal advice so that the necessary steps can be taken to protect your child.

Next steps

If you seek a change to a child arrangements order due to a change in a child’s circumstances, the first step is to try to reach an agreement with the other parent.

If the proposed changes cannot be agreed, the following options are available:

• Mediation

Mediation is a form of dispute resolution. A family mediator is independent and will assist you to try to agree on arrangements for your child. Mediation can take place in person, or online where that is available.

• Legal advice

A specialist family practitioner can assist you to reach an agreement, using their experience and expertise. Legal advice and guidance can help negotiations stay focused on the relevant issues whilst maintaining a child focussed approach.

• Court application

If attempts to resolve the issues have been unsuccessful, or mediation is unsuitable, you could make an application to the family court to vary the existing child arrangements order. Court applications involve attendance at court and can be stressful, costly and take a long time to conclude.

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 stipulates that your child’s welfare is paramount and any order should be made with regard to what is in their best interests.

How we can help

If a child arrangements order is in place, and you seek a change to the terms, then we can provide you with advice as to your options so that you can decide on a way forward for you and your child.

For further information, please contact Samantha Sinclair in the family law team on York 01904 716000, Wetherby 01937 583210 or Malton 01653 692247 or email samantha.sinclair@warekay.co.uk.