The Court will only vary an existing Child Arrangements Order if it is in the child’s best interest to do so. 

The Court apply the “welfare checklist” which takes into account the following factors:

1. The ascertainable wishes and feelings of the child concerned (considered in light of their age and understanding);

2. The children’s physical, emotional and educational needs;

3. The likely effect on the child of a change in their circumstances;

4. The child’s age, sex, background and any characteristic of theirs which the court considers relevant;

5. Any harm which the children have suffered or at risk of suffering;

6. How capable each of the parents are, and indeed any other relevant person is of meeting their needs; and

7. The powers available to the court.

It would be up to the parent requesting the variation to show why the variation is in the child’s best interests. CAFCASS would also be asked to comment on the impact of any potential change and how the variation is likely to impact the child. 

The Court procedure would be very similar to the original set of Court proceedings, in terms of listing the matter for a First Hearing, following by a Dispute Resolution hearing and ultimately a Final Hearing with evidence from the parties if necessary.  

If the parents can reach an agreement, the existing Child Arrangements Order can be varied by consent. 

Contact us

For further information, please contact Aimee Stokes, a Family Law Solicitor based in our Wolverhampton Office on 01902 328 355.

George Green have offices based in Wolverhampton and Cradley Heath and serve clients across the West Midlands and Black Country including Stourbridge, Wolverhampton, Halesowen, Birmingham and beyond.  If you complete our online enquiry form, a member of our team will contact you for an initial discussion.