Amending a child arrangement order

What steps should parents/guardians take when amending a child arrangement order?

When a child arrangement order is in place, its’ terms must be followed, unless an amendment has been agreed with the other party, an order from the Court has been made varying the same or there is a significant safeguarding concern which would justify departure from the terms of the order.

In the first instance, speak with the other parent and try to reach an agreement in respect to the amendments sought. Amendments can include minor issues such as handover location, holiday dates or slightly altering contact times. If an agreement is reached, there is not always a requirement to make an application to the Court. It is always sensible to agree any amendments in writing, for example in a text message or email, and if appropriate a consent order can be lodged to record the amendments formally.

In the event it is not possible to discuss matters with the other parent directly, a mutual third party can help.

In the event that an agreement is not reached, the Court requires all parties to have first attempted or given consideration to mediation before an application is submitted. Mediation is a voluntary process whereby both parties meet with a suitably qualified and independent mediator to discuss the issues and try to reach a resolution. There are certain exemptions which may mean you do not need to engage in mediation.

If the above methods are not successful, an application to vary the terms of the existing child arrangements order will be necessary.

Remember- until such time as an agreement is reached or order made, any changes to the terms of the order may be considered a breach of the order and treated seriously by the Court.

Do the parents/guardians need to attend mediation before amending a child arrangement order?

The Court now requires all parties to have attempted, or at least given consideration, to mediation before making an application to the Court. Whilst the prospect of mediation can seem daunting, it is important to remember that it is extremely beneficial to preserving amicable relationships which will greatly benefit the children and is also an extremely cost effective way of resolving disputes.

Mediators are specialised professionals who work proactively to resolve disputes, without the need for Court. There are many forms mediation can take, and you do not need to be in the same room as the other parent. Court proceedings can be both emotionally and financially exhausting and is not always the best way for you and the children to resolve the dispute.

There are certain exemptions to the requirement to attend mediation, which include domestic abuse, child protection concerns and urgency. If you fall within an exemption, the mediator will inform you of this and provide you with the necessary documentation to enable you to make your application to the Court.

What are the main things parents/guardians need to consider before making an application to the court to vary a child arrangement order?

It is important to consider why you feel it necessary to make an application to vary an existing order. Application to vary a child arrangement order can be made for various different reasons. It is essential that the best interests of the child are always at the forefront of any decision and not any feeling held towards the other parent. Ask yourself;

1. Have I done everything possible to resolve this issue without the need for intervention of the Court?
2. Is this application absolutely necessary to promote the wellbeing of your child/children?
3. Is there any other way in which the problems posed can be resolved?

What will the court take into consideration when reviewing an application to vary a child arrangement order?

The Court’s paramount consideration will always be the welfare of the children. This should always be at the forefront of your mind when making an application. Ask yourself, is this application in the child’s best interests? The Court likes arrangements for children to be stable and consistent and very rarely likes to alter a routine, unless there is a justifiable reason to do so.

The Court will have regard to the Welfare checklist when determining any arrangements which includes issues such as the child’s physical, emotional and educational needs, a child’s wishes and feelings, any harm the child is suffering or at risk of suffering and any likely effect of any change in circumstances.

Why is it important to seek expert advice from a solicitor when amending a child arrangement order?

A child arrangement order is an order of the Court and there can be serious consequences if the terms are not followed correctly. Applications to vary orders can be done for various different reasons and there are different factors that can impact the approach that should be adopted when an application is made. Expert legal advice can help ensure a child focused and amicable approach is adopted to ensure that the best outcome is secured as swiftly as possible for the benefit of your child’s wellbeing.

If you have any questions on child arrangement orders, or any other family law matter, please contact one of our experienced team here.