Arranging the care of children following a divorce or separation can be a highly emotive process. While many parents successfully negotiate arrangements through mediation or direct communication, others may need the structure of a Child Arrangements Order. But what happens if your circumstances—or your child’s needs—change over time? Below, we explore how and when a child arrangements order can be varied, and what to do if it’s breached.

Why Might You Need to Change a Child Arrangements Order?

Parents’ lives, financial situations, and even the children’s requirements can evolve significantly after the family court has issued an order. For example:

• A new job could mean relocating or adjusting daily routines
• A child’s changing school or extracurricular schedule might require new handover times
• A child’s health needs could shift, demanding different care arrangements

Although a child arrangements order is initially based on what’s in the best interests of the child, these interests aren’t static—meaning you may need to apply for a variation.

Breaching a Child Arrangements Order

In some cases, one parent might unilaterally decide not to follow the terms set by the court. If this happens, it’s crucial to take prompt legal advice.

What Happens if One Parent Breaches the Order?

1. Gather Evidence: Document every instance of non-compliance to provide a clear record of breaches.
2. Seek Legal Advice: A solicitor can advise whether to re-engage in negotiation or to pursue enforcement.
3. Court Enforcement: If you apply to court for enforcement, the judge will assess why the order was breached and whether additional steps—like involving CAFCASS—are needed.

Changing a Child Arrangements Order: The Process

1. Seek Mutual Agreement

If both parents agree on the proposed changes, you can update the arrangements informally and ask the court to approve them, transforming them into a consent order. This reduces stress, time, and legal fees.

2. Apply to the Court

If one parent disagrees or the child’s living situation is more complex, you may need to apply to vary the existing order. This means you’ll:

• Submit an application to the family court explaining why changes are needed
• Possibly attend mediation if not previously attempted
• Go before a judge who decides if the amendment aligns with the child’s best interests

3. Work with a Solicitor

Child law can be intricate, with high emotional stakes. A specialist solicitor will help:

• Identify potential pitfalls early in the process
• Prepare the required paperwork and evidence
• Represent your viewpoint objectively, keeping the child’s best interests front and centre

Do You Need Legal Advice Before Changing a Child Arrangements Order?

Absolutely. Because child arrangements orders carry legal force, altering them without proper procedure can have serious repercussions. Failing to comply with an existing order or making unilateral changes may lead to penalties, including fines or community service, and in extreme cases, imprisonment.

Specialist solicitors bring an objective perspective, which can be invaluable. They guide you through the court process if necessary, ensuring that any proposed variations are reasonable, fair, and in the child’s best interests.

Contact HM & Co. Solicitors

Whether you’re looking to modify a child arrangements order or enforce one that has been breached, our experienced child law team is here to help. We combine in-depth legal knowledge with understanding and empathy to secure the best outcome for your family.

HM & Co. Solicitors
186 Lower Road
Surrey Quays
London SE16 2UN

Telephone: 02071128180
Email: info@hmsolicitorsltd.com

We’re ready to assist you in finding clarity and stability for your children—helping you adapt to changing circumstances while prioritising their welfare above all else.