By Leah Caldwell | Parenting and divorce | July 2024

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Reasons to vary a child arrangement order

When a relationship ends, making decisions about the welfare of any children can be extremely challenging. While some parents manage to agree on child arrangements informally or through a parenting agreement, others may find it necessary to seek a formal child arrangements order through the court.

This is a legally binding agreement that both parents must follow. However, as children grow older or circumstances change, existing arrangements might no longer be suitable.

This guide provides advice on how to vary child arrangements orders, highlighting how to adapt this to your child's evolving needs, and how child mediation can help.

What is a child arrangements order?

A child arrangements order is a legally binding decision made by the court that outlines where a child will live, when they will spend time with each parent, and other details regarding their upbringing.

This order becomes necessary when parents cannot mutually agree on these arrangements, often after mediation or discussions through solicitors have failed. Let's explore the steps involved in varying a child arrangement order.

Can a child arrangement order be changed?

Yes, child arrangements orders can be changed if circumstances warrant it. The most important consideration in any variation is the best interest of the child. Factors such as changes in the child’s needs, parental relocation, or significant changes in family dynamics can all necessitate a review of existing orders.

If you and your ex partner can communicate well, it’s helpful to discuss the reasons for wanting a change together. This can prevent the stress and cost of going to court. If you and your ex partner find it difficult to agree, family mediation can help you work things out and come to a mutual agreement.

If mediation efforts don’t lead to an agreement, the final step would be to seek a court decision. The court will evaluate the situation and make a ruling based on the child's best interests.

Common reasons to vary a child arrangement order

There are several reasons for varying a child arrangements order. Common reasons include:

1. Changes in the child’s needs or circumstances: As children grow, their needs and preferences may naturally evolve. For instance, changes in school schedules or extracurricular activities can impact the practicality of current arrangements.
2. Parental relocation: When a parent moves to a new location, it can disrupt established routines. Adjusting the order can ensure continued, meaningful contact with both parents.
3. Changes in work schedules: Parents’ work commitments can change, necessitating a review of the time they can spend with their children.
4. The child’s preference: As children mature, their preferences about living arrangements and contact with each parent can change, and these preferences should be considered.
5. Significant changes in the family situation: Events like remarriage, the birth of new siblings, or other major family changes can impact the suitability of existing arrangements.
6. Maturity: As a child matures, their ability to make more independent decisions about their living arrangements and time spent with each parent increases.
7. Welfare concerns: Any concerns regarding the child’s welfare or safety in their current living situation may necessitate a change in the arrangement order.
8. Financial circumstances: Changes in the financial situation of either parent can affect their ability to adhere to the current arrangement, requiring a reassessment of the order.

In all cases, it's important to consult a professional, such as a family mediator, for guidance. A mediator can facilitate discussions, help resolve conflicts, and ensure that any changes made are in the best interest of the child. Seeking advice from family law solicitors can also provide legal clarity and support throughout this process.

Legal considerations

When seeking to vary a child arrangements order, it’s essential to understand the legal framework. The court’s primary concern is the welfare of the child, and any proposed changes must reflect this.

Parents should adhere to the original order until a new one is in place unless they mutually agree to depart from it. The court plays a crucial role in approving any changes to ensure they serve the child’s best interests.

How to make an application

If you decide to apply for a variation of an existing child arrangement order, you'll need to start by completing Form C100, the same form used for the original child arrangement application.

Here are the steps:

1. Gather documentation and evidence: Collect any documents that support the need for a change. This might include new work schedules, school reports, or evidence of changes in living situations.
2. Mediation Information Assessment Meeting (MIAM): Before applying to court, you must attend a MIAM. This meeting assesses whether mediation could resolve the issues without court intervention. You will need to reference this in Form C100.
3. Submit the application: Fill out Form C100 with all necessary details, including the reasons for the requested changes. Submit the completed form to the court, ensuring you provide clear and detailed explanations for why the current arrangements need to be varied.

After considering all the information, the court will make a decision regarding the variation of the child arrangement order. The court's priority is always the best interest of the child, and they will adjust the order accordingly.

What if changes can’t be agreed amicably?

If parents cannot agree on changes, mediation offers a valuable alternative to court proceedings. Mediation encourages parents to work together to reach a mutually acceptable solution, focusing on the child’s best interests.

How child mediation can help

Child mediation is a confidential process where an impartial mediator assists parents in discussing and resolving their disputes regarding child arrangements. This method encourages cooperation and focuses on finding mutually acceptable solutions, prioritising the best interests of the child.

Here are some key benefits of child mediation:

• Less stressful: Mediation is generally less adversarial and stressful than court proceedings.
• Cost-effective: It is often cheaper than going to court.
• Time-saving: Mediation can be quicker, allowing for faster resolutions.

The aim of mediation is to find a mutually agreeable solution. The mediator will work with you and the other parent to find a suitable outcome on how to vary the child arrangement order. Your mediator can also provide information on legal aspects, helping guide you on the steps required to vary the order.

Child-inclusive mediation

Some mediation providers, such as Mediation First, offer child-inclusive mediation. This option allows your child the opportunity to chat with a mediator and make their voice heard. In child-inclusive mediation, the mediator is specially trained to work with children and young people, conducting the session in a suitable format for their age.

For more information, explore our guide on child-inclusive mediation.

How much does it cost to vary a child arrangement order?

The costs for varying a child arrangements order can vary based on the steps involved and whether mediation or court proceedings are necessary. Here’s a more detailed breakdown:

• Initial MIAM costs: The cost for this initial meeting is typically around £120. Before applying to court, you must attend a Mediation Information and Assessment Meeting (MIAM).
• Mediation costs: Typically around £150 per hour per person. The total cost will depend on the number of sessions required to reach an agreement. Legal aid is available for family mediation for people that are on a low income. There is also the Government funded Family Mediation Voucher Scheme, which provides a contribution of £500 (inclusive of VAT) for each mediation case.
• Cost of Form C100 court application: £255
• Legal Fees: If you choose to seek legal advice or representation, you will need to factor in solicitor fees. These can vary widely depending on the complexity of the case and the solicitor's rates. Some solicitors offer fixed fees for certain services, while others may charge hourly rates.
• Additional Costs: There may be additional costs associated with gathering evidence, such as obtaining expert reports or other documentation to support your case.

How long does a child arrangement order stay in force for?

A Child Arrangements Order usually lasts until the child turns 16, unless the order says otherwise. This means the contact arrangements are legally binding until that age. After 16, the child can decide how much time they want to spend with the parent they don’t live with.

The part of the order about where the child lives lasts until the child turns 18. However, courts usually don’t enforce this part after the child turns 16 unless there are special reasons.

Conclusion

Adjusting child arrangements to fit changing circumstances is important for your child's wellbeing. By focusing on amicable solutions and considering mediation first, parents can often avoid the stress and cost of court. The goal is to work together in your child's best interests.

Explore child mediation

Child mediation can help you find a balanced and cooperative solution for your child's best interests. Explore our child mediation services today to learn more about how mediation can help you and your child move forward.

For tailored guidance and to explore mediation options, contact us today.

Tel: 0330 320 7600
Email: office@mediationfirst.co.uk.