How do I make changes to a Child Arrangements Order?

A Child Arrangements Order (CAO) is made by the Family Court and sets out which parent your child should live with and how often they should spend time with their other parent.  There are different types of arrangements, including shared care.  The arrangements outlined in a CAO have been determined to be in the best interests of your child. 

When a CAO is made, it is usually intended to last until your child is 18 years old. 

As your child grows and achieves important milestones, which may impact on the arrangements (e.g. starting school), it may be necessary to review the terms of the CAO. 

The simplest route is by mutual agreement with the other parent.  You can agree to adjust the arrangements without the court’s permission.  However, if the changes are significant or you require more certainty or you cannot agree with the other parent, you will need to apply to the court to vary the existing CAO.   

Before making the application to vary, it may be necessary to attend mediation.  Mediation may help you and the other parent resolve any dispute over the proposed changes. 

When considering an application to vary, the court must be satisfied that the proposed changes are in the child’s best interests and there has been a change in circumstances that mean amendments to the original CAO are necessary. 

Examples of when it may be necessary to vary a CAO include concerns about the child’s safety or wellbeing (‘safeguarding concerns’), changes the will impact the existing arrangements (e.g. one parent wishing to relocate), or one parent failing to comply with the current arrangements. 

Until the court has varied the arrangements and a new CAO made, the original CAO remains in force, and you should continue to follow it unless you have a very good reason not to. 

If you need any advice regarding a Child Arrangement Order, please contact Nicola Starbuck on 01451 610747 or email nicola.starbuck@thomasflavell.co.uk