A Child Arrangements Order (CAO) is a legal document capable of outlining with whom a child lives and how often they spend time with each parent or guardian. However, circumstances can change, and it may become necessary to vary this order. Here’s an overview of how you can change a CAO and the steps involved.
Can it be Changed?
Yes, a CAO can be changed if there is a good reason to do so. Common reasons for seeking a variation include:
– Changes in accommodation and/or other living arrangements
– Changes in the child’s needs or preferences
– Concerns about the child’s welfare
– Significant changes in the parents’ situation or relationship
Steps to Change a Child Arrangements Order
1. Discuss with the Other Parent: If possible, try to reach an agreement with the other parent. Open communication can sometimes resolve issues without going to court.
2. Mediation: If direct discussion fails, consider mediation. A trained mediator can help both parties come to an agreement about the changes in a constructive manner.
3. Application to Court: If mediation does not work or isn’t appropriate, you may have to apply to the court to seek an order varying the original CAO.
– Complete the Application Form: You’ll need to fill out a specific application form for changing a Child Arrangements Order. It is usually essential to seek legal advice at this point.
– Provide Evidence: It’s important to provide evidence to support your request for a variation to the original CAO. This may include documentation or witness statements that outline why the change is necessary.
4. Attend a Hearing: Once your application is submitted, a court date will be set. Both parents will have the chance to present their case. The court may make a decision based on the evidence initially provided or may direct Cafcass to prepare a Section 7 welfare Report (or further Report if one was obtained in the original proceedings) in order for Cafcass to advise on the potential impact of the proposed variation on any child the subject of the application.
5. Await the Court’s Decision: The court will consider the evidence and make a decision based on the best interests of the child. They may uphold the original order, vary it, or make a new order altogether.
6. Enforcement: If the other parent does not comply with the new order, you can take further action. This may involve returning to court to enforce the order.
Final Thoughts
Varying a CAO can be a complex process, and it’s critical to keep the child’s welfare at the forefront of any proposed variation and application made. Consult with a legal expert to navigate any disputes and ensure you understand your rights and responsibilities throughout the process. Good communication and a willingness to cooperate can often lead to positive outcomes for both parents and children.
This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on the 15th January 2025 and is correct at the time of publication. With decades of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of the capital’s leading divorce lawyers. His profile on the independent Review Solicitor website can be found Here