In the aftermath of a relationship breakdown, one of the most sensitive and complex issues for separating parents is deciding how to continue caring for their children. While both parents generally aim to serve the best interests of their children, differences in opinion often arise when it comes to practical contact arrangements—where the child lives, who they see and when, and how holidays and special occasions are divided. These logistical and emotional aspects can become contentious. Sometimes, these arrangements need to be revisited due to changes in circumstances, the child’s needs, or parents’ situations. When informal negotiations break down or a formal change becomes necessary, the legal system provides a framework to resolve disputes and modify existing contact orders.
This article explores the procedures and considerations involved in legally changing child contact arrangements under the laws of England & Wales. It aims to provide a comprehensive overview for parents seeking clarity on how to proceed when changes are needed, either by mutual agreement or through the courts.
Understanding Existing Contact Arrangements
When discussing contact arrangements, it is important to distinguish between informal and formal agreements. Informal arrangements occur when parents mutually decide how to share care of their child without court intervention. These are often flexible and tailored to family needs, but they can sometimes be vulnerable to disputes, particularly if communication between parents breaks down.
Formal arrangements usually refer to those embodied in Child Arrangements Orders granted by the Family Court under the Children Act 1989. These orders stipulate who the child lives with (residence) and who the child spends time with (contact). It is worth noting that the language has shifted. Terms like “custody” and “access” are now obsolete, replaced by “child arrangements” to make the language more child-centric.
Once an order is made, it is legally binding on both parents. However, life is seldom static, and contact arrangements may need to evolve as children grow older, parental employment changes, or other significant aspects arise, such as relocation, remarriage, or concerns about the child’s welfare.
When Contact Arrangements Need to Change
There are many reasons a parent may wish to revise existing arrangements. These might be logistical—for example, a parent moving house or changing their working hours. They could also be developmental, such as a child expressing a desire to change the amount of time they spend with each parent, particularly as they approach their teenage years. Issues concerning the welfare of the child—such as concerns around emotional or physical harm—may also precipitate a need to change existing arrangements.
It is also possible for the arrangements to be working well in principle but require fine-tuning around school holidays, birthdays, or changes in the child’s activities and commitments. Importantly, any adjustments to formal contact arrangements must continue to be guided by the child’s best interests, which is the paramount consideration for the court.
Reaching Agreement Without Going to Court
The legal route to changing contact arrangements does not always require court proceedings. Indeed, the family justice system in England & Wales strongly encourages parents to resolve matters outside of court whenever possible. This is in line with the overriding objective to reduce conflict and promote cooperative co-parenting.
Parents can renegotiate arrangements between themselves, ideally in writing, to create a clear record of their agreement. Family solicitors can assist in drafting these into a parenting plan—a structured, non-binding document outlining how a child will be co-parented. Though not legally enforceable, a parenting plan can provide clarity and reduce the potential for future disputes.
Mediation is a useful tool in these scenarios. Family mediation involves a neutral third party who helps parents communicate effectively and reach practical solutions that work for everyone, especially the child. Mediation is also a requirement before any application is made to court, unless an exemption applies. This pre-court meeting is called a Mediation Information and Assessment Meeting (MIAM). Only if mediation fails—or is deemed inappropriate—can parties proceed with court action.
Applying to the Court to Vary a Child Arrangements Order
If an agreement cannot be reached informally, it may be necessary to apply to the court to vary the existing Child Arrangements Order. This is done by making an application on Form C100 to the Family Court. Before making the application, the applying parent must usually demonstrate they have attended a MIAM.
The court can vary or discharge an existing Child Arrangements Order if it is satisfied that a change is in the best interests of the child. The party applying must clearly state what variation is being sought and explain why the change is necessary.
For example, one parent might apply for a change in the schedule of overnight stays due to a new job, or to reduce contact because of concerns for the child’s emotional or physical safety. Conversely, a parent with limited contact might seek to increase their time with the child, particularly if the child’s circumstances have changed or if previous concerns around that parent have been resolved.
How the Court Makes Its Decision
The court’s paramount concern is the welfare of the child, guided by the Welfare Checklist under Section 1 of the Children Act 1989. The checklist includes several factors, such as:
– The child’s wishes and feelings (considered in light of their age and understanding)
– The child’s emotional and educational needs
– The possible effect of any change on the child
– The child’s age, sex, background and relevant characteristics
– Any harm the child has suffered or is at risk of suffering
– The capability of both parents to meet the child’s needs
– The range of powers available to the court
In practice, this means that courts will not automatically agree to a change simply because it suits the parent—there must be a legitimate reason connected to the child’s wellbeing. If a child is old enough (usually around the age of 12 or older), their views may carry significant weight in the court’s decision-making.
Role of CAFCASS in Contact Disputes
In cases where there is significant disagreement, or where concerns are raised about the child’s safety and welfare, the court may instruct the Children and Family Court Advisory and Support Service (CAFCASS) to get involved. CAFCASS officers are experienced social workers who investigate the circumstances of the case, interview the child (where appropriate) and provide a report with recommendations to the court.
This report can be influential in the judge’s final decision. It offers an independent view grounded in child welfare expertise and ensures that the voice of the child is taken into account, particularly in contested contact cases.
Temporary and Emergency Changes
There may be circumstances in which a parent needs to seek an urgent or temporary change to a contact arrangement. For instance, if there is immediate risk to the child’s safety—perhaps allegations of abuse, neglect, or substance misuse—an emergency application may be necessary to suspend contact or alter the arrangements.
An urgent application can be made without notice to the other parent (ex parte) if the situation justifies it, although this is an exceptional measure. Generally, such applications are followed by a full hearing where both sides have the opportunity to present their case.
In less extreme cases, parents can request a variation for a fixed period—for instance, due to temporary illness, work travel, or a child’s school exams. The courts have discretion to grant short-term variations where justified.
Enforcing and Varying Orders Simultaneously
Sometimes, a parent may be in breach of an existing Child Arrangements Order—consistently failing to bring the child to contact or obstructing visitation. In these situations, the other parent may need to apply to the court for enforcement. In many such cases, the parent in breach may argue that the current order no longer works and suggest changing it. The court can take both enforcement and variation into account during the same proceedings, examining whether the breach was reasonable or indicative of a deeper issue requiring a change in arrangements.
Costs, Timing and Practical Considerations
Applying to vary a Child Arrangements Order involves both time and cost. The standard court application fee (as of 2024) is £232. Legal fees for those instructing solicitors or barristers can vary widely, especially where multiple hearings are needed. It is also possible to represent oneself as a litigant in person, although legal advice is strongly encouraged to understand the implications and structures of court proceedings.
From submission to final hearing, cases can range from a few months to over a year, depending on complexity, court backlog, the need for CAFCASS involvement, and other factors. Interim arrangements may be put in place while the process is ongoing.
It is also worth recognising the emotional toll of court battles over contact. High-conflict cases can be distressing not just for parents but especially for children, which is why alternative dispute resolution methods are promoted wherever feasible.
Considering the Child’s Changing Needs
One of the most important drivers for changing contact arrangements is the evolving needs and wishes of the child. As children grow, their developmental needs and personal preferences inevitably change. What made sense for a toddler—frequent short visits—may no longer suit a teenager who wants longer but less frequent stays or who has growing commitments at school and with friends.
Schools, therapists, and even older siblings can sometimes support parents in understanding these needs. Provided the parent-child relationship remains strong and boundaries are respected, these conversations can offer valuable direction and prevent legal escalation.
Conclusion
The legal system in England & Wales provides a structured, child-focused framework for adjusting contact arrangements when circumstances change or disputes arise. While the law prioritises the best interests of the child above all else, it also recognises the importance of stability and continuity in a child’s life. Therefore, changes to contact should not be taken lightly and must be supported by clear evidence and reasoning.
Parents are encouraged to resolve disagreements amicably through negotiation or mediation wherever possible. However, when resolution proves elusive, the Family Court stands ready to adjudicate, always putting the child’s welfare at the centre of its deliberations.
Changing contact arrangements is rarely simple, and emotions often run high. Understanding the legal routes available, and engaging with them constructively, can turn what seems like a daunting process into a necessary, albeit challenging, step toward ensuring a child’s wellbeing and parental involvement remain appropriately balanced over time.