If there has been a change in your circumstances or the needs of your child, you can ask the family courts to consider changing your Child Arrangements Order (CAO). This is known as a ‘varying a Child Arrangements Order’. The Family Court has the power to vary a CAO if circumstances change and the child’s interests require it. While it is not always possible, it is often preferable to try to come to a new agreement with the child’s other parent before applying for a Child Arrangements Variation Order.
Common reasons to vary a Child Arrangements Order
There are several reasons why a person with parental responsibility may want to vary a Child Arrangements Order, including:
- A new job with different working hours
- No longer able to adhere to the existing child arrangements due to ill-health
- New commitments which make it difficult to comply with the existing arrangements
- The child wants to change their contact arrangements
- Relocating to a new area
- Breakdown in the relationship between child and parent
- Concerns over the mental and/or physical wellbeing of the child – it is important to bear in mind that the child’s welfare is relevant but may not be a paramount consideration when varying a CAO.
If you are considering applying for a variation of a Child Arrangements Order, it is advisable to speak to a family law solicitor who can explain and, if necessary, handle the process for you. For any support and guidance on varying your Child Arrangements Order, please do not hesitate to contact our friendly and professional family law solicitors through our contact form. We will ensure that the reason for a material change in your Child Arrangements Order is backed by solid proof and approved by the court.
Application to vary Child Arrangements Order
If you are unable to reach an agreement on varying the terms of your Child Arrangements Order, you can ask the court to decide for you. The process of applying to vary a CAO involves several steps.
- Attend a mandatory Mediation Information & Assessment Meeting (MIAM). This is to determine if your matter can be resolved out of the court with the help of an impartial third-party mediator.
- Attend mediation – only if the mediator considers mediation appropriate and both parties are willing to engage in the process.
- Apply for a variation of – after the mediation meeting, you can apply to the court to vary the existing Child Arrangements Order by filling out Form C100 (‘Apply for a court order to make arrangements for a child or resolve a dispute about their upbringing’). You do not need to request permission from the court to apply for a variation of a CAO as the parent of the child. It is advisable to submit your application online rather than by post, as it will be processed more quickly. You will also need to complete and submit ‘Supplemental Form C1A’ if there are concerns that your child is at risk of suffering from domestic abuse or violence.
- The court processes the application – non-urgent applications received by the court by 4.00 pm are issued by the court for consideration on the next working day. The court will then send the applicant the following documents:
- Sealed and dated copies of Form C100 and supplemental information Form C1A, if completed
- Notice of hearing (Form C6)
- An acknowledgement of service (Form C7)
- A blank supplemental information form (Form C1A)
- Information leaflets for both parties
The court also sends copies of the application documents to the Children and Family Court Advisory and Support Service (CAFCASS). Where necessary, CAFCASS will carry out safeguarding checks and inform the court of any risk of harm to the child.
- First hearing dispute resolution appointment (FHDRA) – during the first hearing, the judge will hear the submissions and help the parties resolve the dispute. If an agreement can be reached, a new order will be drafted and issued.
- Dispute Resolution Appointment (DRA) – if the matter cannot be resolved at the first hearing, a DRA will be arranged, during which the judge will determine the issues to be resolved and attempt to bring the matter to a conclusion.
- Final hearing – if the matter cannot be resolved at a DRA, there will be a final hearing where the judge will decide on the application to vary the Child Arrangements Order.
The whole process of varying a CAO can take many months, hence, it is always preferable to try to resolve the matter as early as possible, either between the two parents or during mediation, without the involvement of the court.
How much does it cost to vary a court order?
The cost of varying a court order such as a Child Arrangements Order will depend on the willingness of the parents to work to resolve the matter amicably and how long the process takes. The main costs are as follows:
- Mediation fees – these are free if you are eligible for legal aid or typically between £600 – £1000 per person.
- Form C100 court application fee: £232
