Guides / Family court
Chapter 18 · 1 min read
Changing an existing order
In short
- 1Apply to vary when circumstances genuinely change, not just when preferences do.
- 2Agree changes where you can and turn them into a consent orderConsent order. An order the court makes approving an agreement, for example about child arrangements or finances after divorce..
- 3Use the same calm, evidenced, child-focused approach as before.
An order is made at a particular moment. Children grow, schools change, work patterns shift and families move. When the order no longer fits your child's life, it can be changed.
When to consider a variation
The court will usually want to see a genuine change in circumstances, such as:
- a significant change in either parent's work pattern
- a change of school or a house move
- your child being older, with different needs and views
- arrangements that have repeatedly broken down
- a new safeguarding concern that the order doesn't address
A preference for different arrangements isn't usually enough on its own. Courts value stability and are cautious about changing orders that are working.
If you both agree
Write the agreed changes down in detail, both sign and ask the court to approve them as a consent orderConsent order. An order the court makes approving an agreement, for example about child arrangements or finances after divorce.. This is quicker, cheaper and far less stressful than a contested hearing. If you agree informally without going back to court, remember that the original order still stands, and keep a written record of what you agreed.
If you do not agree
You apply using the C100C100. The application form for a child arrangements, prohibited steps or specific issue order, or to vary one., referring to the existing order, setting out what has changed, what variation you're asking for and why it serves your child. A MIAMMIAM. Mediation Information and Assessment Meeting. A meeting to find out whether mediation or another way of resolving a dispute could help. It is usually required before certain family court applications, unless an… is usually required first. The court may ask CafcassCafcass. The Children and Family Court Advisory and Support Service, which advises the family court on children's welfare in England. Cafcass Cymru does the same in Wales. for a report and will apply the same welfare principles as before.
Small changes day to day
Not every change needs the court. Swapping a weekend, adjusting a pickup for a school event or accommodating a party can be agreed between you, in writing. Being able to flex in small ways without turning each one into a dispute is good for your child and builds trust.