Can I Vary A Child Arrangements Order?
A Child Arrangements Order sets out where a child lives and the time they spend with each parent or guardian. However, circumstances can change, and there may come a time when the Order needs to be amended. Below, we answer some key questions about the process of varying a Child Arrangements Order.
Changes to a Child Arrangements Order can arise for various reasons. A parent may relocate, working patterns might alter, or a child’s needs could evolve over time. In some cases, one parent (or guardian) may feel the current arrangement is no longer in the child’s best interests. Understanding the process of modifying an Order can help ensure that any changes are handled legally and in a way that prioritises the child’s well-being.
What is a Child Arrangements Order?
A Child Arrangements Order is a legally binding Court Order that determines where a child lives, who they spend time with, and how often. These Orders replace the previous concepts of “residence” and “contact” Orders. The primary focus is always the child’s best interests, and the Order is designed to provide stability and clarity for all parties involved. The majority of final Child Arrangements Orders have a Warning Notice (also referred to as a Penal Notice) attached. Both parties will have been made aware as to what this means, at the time the original final Order was made.
How do I start the process of amending a Child Arrangements Order?
The first step is to discuss the proposed changes with the other parent or person who has Parental Responsibility. If both parties agree, the Order can be amended without Court intervention. However, if an agreement cannot be reached, an application to the Family Court will be necessary. If a Warning Notice was not attached to the original Child Arrangements Order, it will be necessary to apply for this at the same time. An application to Court involves completing the relevant Court form and submitting it along with the appropriate fee, unless a fee exemption or reduction applies (Help With Fees). It is important to provide evidence to support your request for a variation to the original Child Arrangements Order, which may include documentation or witness statements that outline why the change is necessary.
Is Mediation required before applying to the Family Court?
Yes, in most cases, the law requires individuals seeking to amend a Child Arrangements Order to first attend Mediation. A Mediator will assess whether Mediation is suitable for resolving the dispute. The Mediator will do this at initial separate appointments. If appropriate, you will both be invited to a joint session. If Mediation is unsuccessful or deemed unsuitable, the Mediator will provide a certificate that must be included with the Court application.
Should I try to reach an agreement before going to Court?
It is always advisable to attempt discussions with the other person or parent with Parental Responsibility before making a formal application. This can help narrow the issues and potentially avoid the need for Court proceedings. It is also important to consider the practical implications of any proposed changes and how they will affect the child.
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How does the Court decide whether to allow changes to the Order?
The Court’s primary concern is always the child’s welfare. Judges apply the ‘Welfare Checklist’ set out in the Children Act 1989, which considers factors such as the child’s needs, wishes, and any potential impact of the proposed changes. The Court will only approve amendments if they are deemed to be in the best interests of the child or if the Court believes that making an Order would be better for the child than not making one.
Do I need legal advice before applying?
Seeking legal advice can provide clarity on the process, help assess the likelihood of success, and ensure that the application is properly prepared. Legal professionals have expert knowledge of Family Law and Court procedures, which can be invaluable in navigating this process effectively.
Yes, if both parents (or those with Parental Responsibility) agree to the changes, there is no need to proceed to Court. Another option is that the altered agreement can be formalised into a Consent Order by a solicitor and submitted to the Family Court for approval, which will make the Order legally binding (if approved by the Court). However, if there are disagreements or concerns, Mediation is recommended before considering a Court application.
If one parent breaches the Order without a valid reason, the other parent can apply to the Court to enforce it. The Court can only make an enforcement Order if it is satisfied, beyond reasonable doubt, that a parent has failed to keep to the Child Arrangements Order. The Court cannot make an enforcement Order if it is satisfied that the person had a reasonable excuse for failing to keep to the Child Arrangements Order. The Court has a wide range of powers in the event that it is deemed that an unreasonable breach has occurred, including a referral to Mediation, a referral for attendance on the Planning Together For Children course (previously called the Separated Parents Information programme), a contact enforcement Order/suspended enforcement Order (unpaid work), fines or compensation, or, in some cases, altering the Order itself (which could include a more defined Order and/or reconsideration of the living arrangements of the child). The Court also has the power to order the non-complaint parent’s committal to Prison.
Yes, a child’s wishes and feelings are taken into account, particularly as they grow older. The Court considers the child’s age, maturity, and understanding when deciding whether their preferences should influence the arrangements. However, the final decision is always based on what is considered to be the child’s best interests, which is often led by Cafcass (Children and Family Court Advisory and Support Service) – if required – making certain recommendations to the Court.
Contact us for expert advice Child Arrangements Orders
If you are considering applying to vary (amend) a Child Arrangements Order, our experienced Family Law team can guide you through the process, including Mediation and Court applications. Contact us today for expert support and advice or click here for more information about our Family Law services and fees.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Legal Assistant In Lockdown
It’s really hard to write something when you are usually in the ‘background’ and doing what we do best in assisting the brilliant people we work for. I’m not one for putting myself in the public eye, I suffer (like a lot of people) with anxiety and depression, so I usually like to keep myself locked away far away from the public eye and do what I do best (if I don’t mind saying so myself) by keeping my head down and getting through the ever mounting list of dictation.
I’ve honestly found the last 3 weeks being working remotely at home quite alright. My happy place is my home and I’m lucky to feel that way. I am fine and dandy being here at home working away in the spare room until this week kicked in.
My happy place is my home and I’m lucky to feel that way
Crikey I’ve felt low, tearful, stressed out and under pressure this week. Everything has slowed down, backlogs at court, communications, return updates and it’s frustrating. It’s placing a huge amount of pressure on people’s lives and I get that (I am one of those people from a personal point too). This week has been a huge deal. My lovely partner has been at home fetching brews to me (and a wine at 5pm) instead of my lovely friend at work Michelle (she keeps me watered with brews on a proper level). I’ve missed Jess with her huge personality and upbeat work ethic and Janet who I’ve worked with for 18 years. You, Janet, showed me so much (I know when I left school I thought I knew everything) and I will always be grateful for your love, patience and affection to me and also to my family.
To those I haven’t mentioned specifically, it absolutely doesn’t mean you don’t matter – you do – more than you will ever know.
I salute you and you are all amazing and our heroes
I’ve watched the concert today that was aired last week and feel completely humbled. I have key workers in my family from my step-mum who works in a school to my sister who works in a care home and my mother in law who cleans at Pinderfields hospital. I salute you and you are all amazing and our heroes.
Myself and my partner were lucky enough to have a new nephew born recently and we were able to meet and cuddle him before all this happened. We bonded and I made sure he knew that auntie Stacey is the cool Aunt that doesn’t ‘do the nappies’ but will give the best cuddles ever. I felt he ‘understood’ and we ‘got’ each other. I miss him along with all of our babies that we can’t see. I miss you all massively. We had a new niece born 3 weeks ago and we haven’t been able to meet her yet. I can’t wait to get my hands on her and I bet she can’t wait either.
I’m doing the best thing I possibly can by staying at home and keeping working to try as much as possible to keep clients’ matters proceeding
I would love to do more for the community and have felt very much that I haven’t done very much or enough but then I realised that by staying at home (and my partner doing the essential shopping – for wine obvs.) that I’m doing the right thing. I’m doing the best thing I possibly can by staying at home and keeping working to try as much as possible to keep clients’ matters proceeding and try to keep making a difference in my own way and any way that I can – no matter how small.
I am trying – we are all trying in our own way! Stay safe, take care, and be patient! We can all do this if we do it together.
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Whatever your legal needs we are here to help. Whether you are buying or selling property, in need of Family Law advice, or perhaps you with to make a Will or update an existing Will, our solicitors in Yorkshire are here to guide you every step of the way.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Ruminations of a Self-Isolating Solicitor
I am generally a very optimistic and positive person. However this self-isolating is really, really difficult. I’ve had a tough week this week trying to keep myself motivated to work from my dressing table which is starting to feel like a prison camp! I realise how much I need people to be around to keep motivated to run a business and deal with the emotions that sometimes our clients inevitably display.
As I write this it’s Thursday of what I think is now week four of lockdown (I cannot even remember the days anymore) and all I can think about is wishing it was Friday so I could justify having a bottle of wine. I am desperately trying to stick to only drinking at the weekends but it is tough I can’t deny it. I suspect we may become a nation of alcoholics before this is done!
Staying Positive During Lockdown
I keep trying to think positive thoughts about how so many more people are worse off than me – I have a lovely garden and three of my four children isolating with me, not to forget my husband who keeps me well stocked in food and coffee. Don’t get me wrong I have absolutely loved my time with them and we have definitely created some memories I will treasure forever, but it has made me think a lot about what actually makes me tick.
It’s just that there is something wonderful about working with other human beings who are all striving for the same goal as you and a number of whom you have known for many years. It’s a cliché I know, but your work colleagues do become like a family to you and I’m feeling this more than ever at this moment. It’s the little things I miss like being able to have a quick two minute chat with a colleague about their new puppy, or how frustrated their husband is making them feel. I miss my lovely receptionist bringing me a cup of coffee rather than my equally lovely husband, just to make a change of scenery.
It’s having a walk to the sandwich shop at lunchtime with a different colleague every day, helping clients deal with issues which are often way more serious than anything I face in my own life, or just sharing a joke with someone you don’t have to live with!
I need my daily fix of human interaction, it makes me who I am and for that I am grateful
Never before have I realised how much I value my work colleagues and I hope I never forget that when my alarm goes off at 6 am again (who would’ve thought I’d be looking forward to that!). Turns out my dreams of early retirement have completely changed – I now know I would be bored the majority of the time and that actually going into an office every day, whilst sometimes stressful it cannot be denied, is something I will now treasure. I need my daily fix of human interaction – it makes me who I am and for that I am grateful.
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If you need legal advice then please contact us at any of our Yorkshire offices. We are here to help you with your legal needs, whether you are buying or selling a property, you need to make a will or update an existing will, of maybe you require help with Family Law matters. our skilled an experience Yorkshire Solicitors can provide you with a friendly service.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
