Can a Child Arrangement Order be flexible?

Can a Child Arrangement Order be flexible?

You must adhere to the specific terms of a Child Arrangement Order otherwise, there could be consequences if the other parent decides to go back to the court and explain that you haven’t been following the correct arrangements. In this case, an Order is not flexible.

However, the court recognises that circumstances change over time. If both parents agree that the original Child Arrangement Order isn’t really appropriate or applicable to their current situation anymore, they can apply to vary the Order. In this sense, it is flexible. 

Why would you vary a Child Arrangement Order?

One main reason for seeking a variation is where one or both parents move somewhere else, as it may pose challenges in following the original conditions. This adjustment aims to better accommodate the child's best interests, ensuring the order remains practical for both parents.

Children's evolving needs, whether in medical requirements, education, or personal preferences, can also prompt a need for change in the Order. The court recognises the importance of aligning the Order with the child's well-being, allowing modifications to meet their changing requirements. This adaptability ensures that the child's interests remain at the forefront.

What are the consequences of not following a Child Arrangements Order?

Following a Child Arrangements Order is not just a legal obligation, it has real consequences if ignored. If you fail to stick to the agreed terms, your ex-partner can apply for an Enforcement Order. This application, if successful, can lead to being found "in contempt of court," which will bring repercussions.

When the court enforces the Order, consequences can range from doing 40-200 hours of unpaid work to repaying any financial losses incurred due to the breach. In extreme cases, a breach could even result in imprisonment. The responsibility lies with the individual who violated the Order to demonstrate a reasonable excuse for their actions, such as turning up late to contact meetings, not following agreed plans, or taking the child on holiday without the other parent's consent.

However, the court may not enforce the Order if it believes there's a valid reason for the breach or if an alternative arrangement is in the best interests of the child. It's essential to understand that Enforcement Orders can only be pursued if a Child Arrangements Order is already in place, complete with a warning notice. If there's no warning notice, an application for one must precede the Enforcement Order. This procedural requirement ensures that parties are aware of the potential consequences before enforcement action is taken.

Continued non-compliance with an Enforcement Order can lead to additional penalties, known as "second-orders." This could entail an increase in unpaid work hours or other repercussions. 

To navigate these legal complexities, it's crucial to communicate and seek modifications to the arrangement if necessary, rather than risking the serious consequences that can follow the neglect of a Child Arrangements Order.

How Can GloverPriest Help?

At GloverPriest, we provide friendly and transparent family law advice. If you would like further help on child arrangements, please don’t hesitate to speak to one of our expert family lawyers today. Complete our enquiry form.