The simple answer is that there are some good and acceptable reasons to vary a Child Arrangements Order as long as those reasons are in the best interest of the child. In this article we explain….
What is a Child Arrangements Order used for?
A Child Arrangements Order is used to determine with whom a child is to live, spend time with or otherwise have contact with. It covers both issues of residency and contact. Some Child Arrangements Orders will be very specific in terms of arrangements; others may be more open to be made by agreement between the parties. It is important to remember that the focus must remain on what is in the best interest of the child, as their interests are paramount so there are many acceptable reasons to reasons to vary a child arrangements order. The younger a child is, the easier it can be to vary an order, since they haven’t got as many ties to a significant environment as an older child will.
What must be done before a Child Arrangement Order is made?
Before issuing the application, you will need to attend mediation, commonly referred to as ‘MIAM’ (Mediation Information and Assessment Meeting). This will provide a platform for the parties to openly negotiate and discuss their preferred child arrangements before needing any intervention from the court. There will of course be exceptional circumstances in which MIAM is not suitable, such as cases involving domestic abuse. Such circumstances are exempt from the MIAM requirement. If child arrangements cannot be agreed between the parties, then either parent can make a Child Arrangements Application to the court, using the form C100. It is important to consider seeking legal advice from a family solicitor before issuing such application, to ensure you are proceeding with the best option for you and your family.
Welfare Checklist under Section 1 (3) of the Children Act 1989
Before looking at the possible reasons to vary a Child Arrangements Order, it is useful to know and understand what guidelines a judge will use in deciding whether to vary the Order. Ascertainable wishes and feelings of the child – courts tend to place a greater weight from the ages of 11/12. Their maturity and understanding of the situation will be considered and often a judge may speak with the child individually before making any decision. Physical, emotional and educational needs – both short term and long term. The likely effect on the child of any change in their circumstances – a change of school or social environment could have a massive impact, especially at an older age where children have established long friendships already, or be approaching exams, such as their GCSE’s. Age, sex and background or other characteristics the court may find relevant – religious or cultural background may be relevant here. Any harm suffered or any risk of suffering – safeguarding considerations will take place, CAFCASS may also be involved to conduct a safeguarding assessment. Capability of each parent to look after the child Range of powers available to the Court – the court may grant an order different to the one applied for if it suits the child best.
Who can apply for a Child Arrangement Order?
The Children Act 1989 stipulates those who can apply for a Child Arrangements Order (CAO) and also those who will require the courts’ permission to apply. The courts themselves may also make a CAO in the interest of the child’s welfare during family proceedings.
Possible reasons to vary a Child Arrangement Order
The court may decide to vary or discharge an Order where circumstances change and it would be in the best interests of the child to require a change. The court must have regard to the welfare checklist mentioned earlier in deciding what is the most appropriate solution. The children’s needs change as they grow up – contact arrangements can be varied if circumstances make it easier/harder for the child to travel. Parents’ health may regress – so the issue of residency needs to be addressed. It may be in the child’s best interest to no longer live with a parent who will need full time care themselves as this can have a major impact on their development as they grow up. Breakdown of the relationship between the child and their parent as they become older – attitudes change so contact needs to be re-assessed. Relationships do not always stay the same as a child grows up, and it may be better for them to have these needs reassessed if a relationship breakdown does occur. A change in circumstances for one parent – e.g location, jobs, financial situation. These can all have an impact on the child and where they should live. General difficulties in complying with the order – this can potentially be a reason for the order to be reconsidered by the court The central focus is of course on the needs of the child. The main reason for varying an Child Arrangements Order is that it is a necessity in order to continue to meet the needs for the child. It is desirable for a child to grow up with as little disturbance as possible, however, we and the courts recognise that this is not always possible.
How Starck Uberoi can help
Here at Starck Uberoi our family solicitors can advise you on the best options available for your family and can assist you wherever you’re based. We can provide our consultations both in person and over zoom/skype to suit your needs.
