When parents separate or divorce, in some cases a child arrangement order is made by a court to decide who they live with, and when they can see other people. In some cases, there might be a need to change these arrangements, but does the court always need to be involved?
What is a child arrangement order?
Child arrangement orders are overseen by the Children Act 1989 and set out where the children of a family will live following a separation or divorce, who they have contact with and when and can also set out if the child can leave the jurisdiction of the UK. Every child arrangement order is different, based on the best interests of a child or children.
If you’ve been to court to get a child arrangement order in the past, but for some reason afterwards you need to change the details (perhaps because your circumstances have changed) whether you need to involve the court again depends on whether the decision is something you’re both happy with, and if there are likely to be any disagreements.
Is a child arrangement order legally binding?
The arrangements set out in a child arrangement order are legally binding until the child is 16 unless the order says otherwise.
Having a child arrangement order varied by a court.
It’s possible to apply to have an existing child arrangement order changed by a court. You’ll have to show the court that your proposed changes are in the child’s best interests. Applications can be made for variation by consent where the parties have agreed on the necessary changes and or in cases where there is disagreement between the parties on what is best for the child or children.
However, if all parties agree to the suggested changes, it isn’t a breach of the child arrangement order if they don’t follow the original order. The new, changed terms aren’t legally binding, though, only the original order made by the court or any new order with varied terms can be enforced. If your informal agreement breaks down, you’ll have to revert back to the original order.
However, if both parties agree to the changes being made to the existing child arrangement order, it’s still good advice to get any changes in writing, even if the court isn’t involved at this point. Write down the changes to the original order, and your reasons for making them, and ask the other people involved in the order to sign and confirm they agree.
Minor changes are unlikely to need a court intervention.
Major changes
If the variation is a major one like changing where the child lives permanently, and or whether children can travel out of the UK, then our family law advisors would suggest officially varying the order by consent. When the agreement is just for minor changes such as more time with the children, in most cases these are provided for in the terms of the original order. If you’re not sure, contact a family law expert for advice, or check the details yourself to see if they cover the arrangements you want to change. It’s still worth getting written agreement to any changes, though.
In most cases, the parties involved will have been able to agree on the changes, so there won’t be any need to go back to the court for a new order to be made. The courts will want to make sure that any new order is really necessary and in everyone’s best interests, and if the details have already been agreed, there is little point in going back to the court.
What if we haven’t agreed on the terms?
If there is disagreement about the terms of a new order, this is when the court needs to be involved. Even if the disagreement has been resolved, it can still be worth getting the court involved, especially if there have been several attempts to make arrangements, or existing arrangements for the children have broken down for any reason.
A court order in cases like this would help to make the agreement formal, and also enforceable if one of the parties doesn’t stick to what’s been agreed. It can also help to formalise a more flexible agreement if one of the parties isn’t keeping to their terms or wants more contact for example. In this case, setting out defined times and arrangements can help everybody.
If you want to talk to Gillbanks Family Law’s friendly family law advisors, contact us and we’ll be happy to help with any family law issues you might have.