Circumstances, including the needs and wishes of children, often change over time, and the CAO originally put in place may no longer be in the best interests of the child as time goes on. CAOs can be varied without necessarily having to return the matter to court.
In the first instance, if parents can agree to a change, they can make new arrangements themselves without going back to Court. If they agree arrangements, but wish to include these new arrangements in a binding order, they will, however, need to apply to the Court to have this variation formalised in an Order.
If an agreement cannot be reached as to a variation, the parent seeking the variation can apply to the Court on Form C100 again. The Court will again prioritise the welfare and best interests of the child, considering the same factors as set out above.
It is important that applications to vary should only be made if such a variation is in the child’s best interests. Going through Court proceedings can be stressful and time consuming for both parent and child. A decision to return the matter to court should therefore not be taken lightly.
Our family law solicitors offer an initial free consultation, which you can book by emailing us at family@mincoffs.co.uk, or call our expert team on 0191 281 6151 today.
