This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive guide to changing a Child Arrangements Order in England and Wales: who can apply, when and how to vary an order, required forms and mediation, court process, costs, and key considerations to support families through legal changes to child living and contact arrangements.
A Child Arrangements Order (CAO) sets out where a child lives and how they spend time or have contact with parents and other adults. Over time, circumstances can change – children grow older, parents relocate for work, education needs shift, or family dynamics evolve – meaning the original terms of a CAO may no longer be suitable. If you need the official terms of an existing child arrangements order changed, the legal process to do so is called varying the order. This article explains the law, who can apply, how the process works, and practical considerations for families in England and Wales.
What Does It Mean to Change (Vary) a Child Arrangements Order?
To vary a Child Arrangements Order means to ask the family court to modify its terms. The court's primary concern remains the child's welfare. Changes can involve where a child lives, timings of how they spend time with parents, or other detailed arrangements set out in the order. Although separated parents can sometimes agree changes informally, these are not legally enforceable unless the court formally approves them.
When Might You Need to Change an Order?
Situations where a variation may be considered include:
- A parent's employment or work schedule change that affects contact time.
- Relocation to a different area making existing arrangements impractical.
- A child's changing needs such as schooling, health or social circumstances.
- Safety or welfare concerns that have arisen since the original order.
If both adults with parental responsibility agree, they can document changes in a consent order without contested court hearings. This provides legal enforceability to the new arrangements.
Who Can Apply to Change an Order?
You normally have the right to apply for a variation of a CAO if you have parental responsibility for the child. This typically includes:
- The child's parents, guardians or special guardians.
- A step‑parent with parental responsibility.
- A person already named in a CAO for contact or living arrangements.
- Others with parental responsibility by way of a specific order or agreement.
Even if you do not automatically have the right to apply, the court may grant permission in appropriate cases, for example if you have significant involvement in the child's life and all those with parental responsibility consent to your application.
Pre‑Application Steps
Mediation
Before applying to vary an order through the courts, you are usually required to attend a Mediation Information and Assessment Meeting (MIAM) to explore whether changes can be agreed without litigation. Mediation can be an effective way to resolve disputes and reduce stress and costs. Exemptions from this requirement may apply in cases involving domestic abuse or where other urgent welfare concerns exist.
Consent Order
Where both parties agree on the proposed changes, you can draft a consent order. A consent order sets out your agreed changes and is submitted to the court for approval. If granted, the consent order becomes legally binding and replaces or amends the previous CAO.
Making an Application to Court
The Application Form
If agreement cannot be reached, you need to apply to the family court to vary the existing order. This is done using Form C100, the same form used for most applications under the Children Act 1989 including applying to vary or discharge existing orders. When completing the form, you must clearly state the changes you are seeking and explain why they are in the best interests of the child.
Submitting the Application
You can apply online or by post by sending Form C100 to your local family court. The court will issue the application and send formal notices to the other parties involved. Court fees apply, though you may qualify for help with fees if you are on a low income.
What Happens After You Apply?
Court Processing
Once the application is lodged, the court will send acknowledgement documents and details of forthcoming hearings to you and the other party. This may include a Notice of Hearing and various forms for the other party to respond. The court may refer the matter to the Children and Family Court Advisory and Support Service (Cafcass) to assess the child's welfare and provide a report.
First Hearing – Dispute Resolution
At the first hearing, often called a First Hearing Dispute Resolution Appointment (FHDRA), the judge will encourage both parties to consider whether they can agree on the changes. If agreement is possible, the order may be amended at this stage. If not, the matter proceeds through further hearings.
Final Hearing
If differences remain unresolved after initial hearings and Cafcass involvement, the court may list a final hearing. At this hearing, evidence and submissions from both parties are considered. The judge will decide whether to vary the order based on an assessment of the child's best interests.
What the Court Considers
When varying an order, the court still applies the welfare checklist under the Children Act 1989. The checklist guides decisions by reference to factors such as the child's physical and emotional needs, the impact of changes on schooling and routine, any risk of harm, and the child's wishes and feelings relative to their age and understanding.
Costs and Timeframes
Applying to vary an order involves court fees, which as of recent guidance are in the region of £263 for filing Form C100, although fees and thresholds for fee waivers can change over time. Mediation and legal representation can also carry costs. The time taken for the entire process can vary; straightforward consent orders may be completed quickly, whereas contested cases involving multiple hearings might take several months.
Common Questions
Can I change an order without going back to court if we agree?
Yes. If both adults with parental responsibility agree to new arrangements, a consent order can formalise this without contested hearings.
What happens if the other parent disagrees?
If agreement cannot be reached, you must apply to court to vary the order. The court will decide based on what is best for the child.
What if the circumstances change unexpectedly?
You can apply to vary the order at any time if there has been a significant change in circumstances. The court does not enforce orders automatically, so updating them legally ensures clarity and enforceability.
Key Takeaways
In England and Wales, changing a Child Arrangements Order involves either agreeing new terms and formalising them by consent order, or applying to the family court to vary the existing order using Form C100. Mediation is typically required before contested applications. The court always decides based on the child's welfare, applying statutory principles to determine whether the proposed changes genuinely serve the best interests of the child. Understanding this process and preparing well‑reasoned applications can help families navigate adjustments to formal child arrangements orders effectively.
