Negotiating changes to a child arrangements order

If you have ever had to apply to the Family Courts for a Child Arrangements Order, it may have come as a relief, once the proceedings were concluded that you could finally settle into a new routine with your children. However, family life is forever evolving and there are many reasons why you may wish to ask for changes to an existing court order.

With any new routine, there may be teething troubles and hopefully any minor issues can be resolved by amicable agreement between the parents. Depending on the extent of agreed changes it may be necessary for these to be recorded by consent in a supplemental order. However, sometimes, proposed changes can become contentious and may require the support of a solicitor or the involvement again of the Family Court.

If your circumstances have changed, this can often mean the arrangements for your children need to adapt. Where an order is in place you are legally bound to follow what is set out in it, so it is always a good idea to ensure that any agreed changes are recorded.

When should I seek advice to changes to the order?

It may be the case that you and the other parent can agree minor changes to the order together. You should generally seek legal advice if there are significant changes in circumstances that affect your child’s best interests. These might include:

• Moving home – if you or the other parent plans to relocate, this could have a huge impact on the current contact arrangements.
• A new relationship – a new partner in either of your lives could affect your child’s environment or stability.
• Your child’s evolving needs – as your child grows up and there are educational shifts, this could warrant adjustments in contact days and timing.
• Your child’s wishes – your child might express their feelings about wanting certain arrangements to change, to make them more comfortable.

Alternatively, risks or concerns may have emerged since the original order was put in place. For example:

• Safety concerns – issues may arise about how safe current arrangements are for your child, for example if their other parent is abusing drugs or alcohol around the child.
• Safety concerns about the other parent’s new partner – if you learn that the new partner poses a risk of harm through their drug and alcohol abuse or previous criminal offences.
• Breaches of child arrangements order – the other parent may not be following the terms of the order, which then warrants a change to remove any unnecessary obligations on you and to manage your child’s expectations. For example, ensuring you take your child to contact when the other parents does not even turn up.

How do I go about seeking a change?

The first step would be to try to discuss these changes with the other parent. You will need to have evidence to support your request. For example, if your child is moving from nursery to a primary school elsewhere, it would be a good idea to gather information on the extra distance, the school’s timetable and perhaps even a letter from the school confirming a few details. This will help the other parent to understand why the existing arrangements might need to be slightly adjusted. You will need to carefully present your position to the other parent with your reasoning why you consider a change is needed. Making a thorough and amicable first approach should work in your favour and could be the key to reaching an agreement.

If you can agree the changes between you, a consent order can be agreed and lodged at court to formalise the new arrangements.

What if the other parent does not agree to the proposed changes?

While some requests will be agreed after an element of negotiation, some requests may come to a complete impasse, with the other parent simply refusing to agree to any changes. If this is the case, then consider the following options:

• Mediation – an independent mediator, who is neutral, will guide the conversations in an unbiased way and try to put you and the other parent in a position where a compromise is possible. Mediation can take place in person, or online where that is available.
• Legal advice – your family lawyer could take over negotiations if you feel that would assist, or if mediation has not worked out for you. This does not have to be seen as an aggressive move, because your lawyer will simply be trying to garner agreement using their experience and expertise. It often helps your position to have legal advice on what is deemed reasonable and what the law says, to persuade the other parent to adopt a child-centric approach.
• Court application – if mediation has failed or is unsuitable and the solicitor’s negotiations have reached an impasse; you have the option of making an application to the family court to vary your existing child arrangements order. It would be wise to seek legal advice before taking this step, so that you are prepared in advance for a court case, and court hearings.

What does court consider?

If you are left with no option but to start court proceedings, it is important to understand how the judge will deal with your application. As with any previous court proceedings within any application for a variation of child arrangements order, your child’s welfare is paramount, and any order should be made with regards to what is in their best interests. If safe guarding concerns have been raised then it may be appropriate for CAFCASS to prepare a report to assist the Family Court in their role.

How we can help

If a child arrangements order is in place, and you are anticipating an imminent change to your family life, we can help you to navigate your options and decide on a way forward if changes to the order will be necessary.

For further information please contact our Family Team on 01473 611211, or fill in our contact form below. Barker Gotelee has an office in Martlesham, Suffolk.