The right way to change a Child Arrangement Order

A Child Arrangement Order is a court order regulating arrangements concerning with whom a child should live, spend time or otherwise have contact.

We often come across situations where the children themselves voice that they no longer wish to visit the other parent, typically because of a change in circumstances, for example a new partner, new step-siblings or revised room sharing arrangements in a new property.

Whilst parents will instinctively try to protect and please their children, unilaterally failing to comply with an order is very risky and not advisable. Without taking the right steps, it can leave parents vulnerable to sanctions, including fines, community service or imprisonment. Whilst the more serious of sanctions are rare, it is not beyond the court’s jurisdiction. One of the main considerations should also be the emotional impact it has on the children.

If parents start to experience difficulties with their children complying with an existing order, it is important to consider what has changed and explore the cause behind the symptoms.  If there has been a change in circumstances, then trying to deal with this quickly is always better than allowing matters to escalate.

Where practicable, it is advisable to engage with the other parent to make any required adjustments. Varying the arrangements by consent is always preferable. A solicitor can advise and assist with this, especially if communication is poor. A solicitor will also advise whether mediation would be suitable route for these discussions.

If an agreement cannot be reached, advice should be sought on an application to vary the existing order. You should be clear on why it is necessary and what you are seeking.

Once an application is before the court, it is likely that Cafcass (Children and Family Court Advisory & Support Service) will prepare a report to obtain the children’s wishes and feelings and to consider any issues in the case. Cafcass will make recommendations based on the children’s best interests and having regard to all the circumstances in the case.   In the absence of any interim safeguarding concerns, it is likely that contact will continue pending the assessment, although this could be varied by consent or by virtue of an interim order from the court. 

Whilst Cafcass will report on the children’s wishes and feelings, these are rarely decisive. In many cases, both Cafcass and the court will expect the parents to adopt a strict approach with their children and ultimately make them go.

Urgent matters

If a parent has reason to believe that their children is at risk of harm, urgent advice should be sought and reports made to children’s social care. In those cases, an urgent application can be made to suspend contact pending investigation.  If a child is at risk of harm, the priority is their safety and wellbeing.

Enforcement of an Order

If a parent is faced with a situation whereby their contact has been stopped and a resolution is not forthcoming, then advice should be sought with regard an application for enforcement proceedings.