Can You Change Child Arrangements Without Going Back to Court?
Child arrangements that worked perfectly well a year or two ago may not always continue to suit your family. Children get older, school routines change, parents change jobs and sometimes one parent moves to a new area.
When that happens, you may need to reconsider where your child lives, when they spend time with each parent or how handovers and school holidays work.
But does changing child arrangements mean going back to court?
Not necessarily. In many cases, parents can agree to change themselves. However, the position can be different if you already have a Child Arrangements Order in place or you and the other parent cannot agree on what should happen.
Can You Change Child Arrangements Without Going to Court?
If you and the other parent agree about how your child should be cared for, you do not generally need to go to court simply to make child arrangements.
Parents can agree on matters such as where their child will live, how much time they spend with each parent and how other forms of contact will work. You can also record what you have agreed in a parenting or child arrangements plan, although this will not itself be legally binding.
This flexibility can be particularly useful because family life rarely stays the same. An arrangement involving alternate weekends might need adjusting when a child starts a new school, for example, while changes to a parent’s working hours could make different weekday arrangements more practical.
Whatever changes you are considering, your child’s needs should remain at the centre of the discussion.
Changing Informal Child Arrangements
If there is no court order in place, parents have considerable scope to agree changes between themselves.
These could include changing:
• The days or nights your child spends with each parent
• Pick-up and drop-off times
• Arrangements during school holidays
• Christmas, birthdays and other special occasions
• How telephone or video contact works
• Arrangements to accommodate changes to work or school
Even where you have a good relationship with the other parent, it can be sensible to record what you have agreed in writing. This gives both parents something clear to refer back to and can reduce the possibility of misunderstandings later.
If the proposed change is more substantial, getting advice from a family law solicitor can also help you understand whether a more formal arrangement would be appropriate.
What If There Is Already a Child Arrangements Order?
A Child Arrangements Order is a court order that can determine matters including where a child lives and when they spend time or otherwise have contact with another person.
Having an existing order does not necessarily mean every change requires another contested court case.
The view taken by the court is that parents can agree to do something different from an existing court order. However, an informal change will not be enforceable in the same way as the existing order. If both parents want the new arrangement to be legally binding, they can ask the court to approve a consent order reflecting what they have agreed.
That distinction can be important.
A small temporary adjustment to a collection time may be very different from permanently changing where a child lives or substantially altering how their time is divided between their parents.
Before making significant or long-term changes to an existing Child Arrangements Order, it can therefore be sensible to obtain legal advice about whether the order itself should be formally varied.
What Happens If Parents Cannot Agree?
Sometimes one parent believes an arrangement needs to change while the other believes the existing arrangement should continue.
For example, disagreements might arise because one parent wants to relocate, change the amount of time the child spends with them or alter arrangements around school and holidays.
Going straight to court is not necessarily the only option.
Family mediation can help parents discuss their differences with an independent mediator and try to reach an agreement focused on their child’s needs. Mediation can cover issues such as where a child lives and when they spend time with each parent.
If agreement still cannot be reached, it may be necessary to ask the court to vary an existing order or make a new order.
Before making many types of family court application, you will usually need to attend a Mediation Information and Assessment Meeting (MIAM). There are exemptions, including in certain cases involving domestic abuse, risk of harm or urgency.
Where a decision does reach court, the child’s welfare is the court’s primary consideration. Relevant factors can include the child’s wishes and feelings, their physical and emotional needs, their age and background, the potential effect of a change in circumstances and any risk of harm.
When Should You Speak to a Solicitor?
You do not need a disagreement to benefit from legal advice.
Speaking to a family solicitor may be particularly helpful if:
• You want to make a significant change to an existing Child Arrangements Order
• You and the other parent have agreed a new arrangement and want to formalise it
• The other parent does not agree with your proposed changes
• One parent wants to relocate with the child
• An existing Child Arrangements Order is not being followed
• You are concerned about your child’s safety or welfare
• Communication between you and the other parent has broken down
A Child Arrangement Solicitor can explain your options and help you consider whether an agreement can be reached without court proceedings. Where an application to court becomes necessary, they can also advise and represent you throughout that process.
Need Advice About Changing Child Arrangements?
Family life changes, and sometimes the arrangements you originally made for your child need to change with it.
Where both parents can agree, it may be possible to make those changes without returning to court. However, if you already have a Child Arrangements Order, are struggling to reach an agreement or are considering a significant change to your child’s living or contact arrangements, getting legal advice can help you understand the best way forward.
The family law team at Greens Solicitors can advise you on child arrangements, varying existing orders and resolving disagreements between parents. Contact us to discuss your circumstances and the options available to you.
Changing Child Arrangements: FAQs
Do I need to go to court if we both agree?
Not necessarily. If there is no existing court order, parents can generally make their own child arrangements without going to court. If an existing court order is in place, you can agree to operate differently, but the new arrangement will not automatically be legally enforceable. A consent order can be used if you want to make an agreed change legally binding.
Can my ex change our child arrangements without my agreement?
If you have agreed arrangements and one parent wants to change them, it is generally better to discuss the proposed change and try to reach an agreement rather than one parent simply imposing a new arrangement. If you cannot agree, mediation or legal advice may help. In some cases, a court application may ultimately be required.
Can a Child Arrangements Order be changed?
Yes. If both parents agree, they can ask the court to approve a consent order reflecting the new arrangements. If they cannot agree, either party can ask the court to decide whether the existing order should be varied. In some cases, if one parent has changed the terms of an order without the agreement of the other parent, an application to enforce the existing Child Arrangements Order may need to be made.
Does my child get a say in the arrangements?
A child’s wishes and feelings can be taken into account, particularly as they become older and better able to express their views. However, this does not mean a child simply decides the outcome. If the matter reaches court, their wishes and feelings form part of a wider assessment of what is in their best interests.
