A Child Arrangements Order (CAO) can bring certainty after separation or divorce and gives parents a clear framework for where their child lives and when they spend time with each parent. However, an arrangement made when a child was starting primary school may become harder to manage once they reach their teenage years, while a change in a parent’s circumstances can mean a previously workable schedule is now impossible. There are also circumstances where a parent continually breaches an order’s terms which need enforcing.
When a Child Arrangements Order may need to change
A CAO does not have to remain unchanged, and either parent may seek a variation although the court will need to understand why the proposed new arrangements would better meet the child’s needs.
If a parent relocates further from the child’s school, the answer may be to adjust the balance between school nights and weekends with the other parent, rather than assume the existing timetable can continue without difficulty. A change of school can have similar consequences; a child starting high school may have a longer journey and more homework, making frequent changes between households harder to manage. That does not necessarily mean spending less time with either parent, but it may call for a different pattern.
Work commitments can also affect arrangements, and a parent moving onto a rotating shift system might struggle with a fixed collection time. A proposed change should explain how the revised arrangement would work for the child, rather than focus entirely on the adult’s convenience.
Often, there is no single major event, and repeated difficulties with handovers or a child becoming increasingly unsettled may suggest that the arrangements need reviewing. The important task is to identify what is going wrong and whether a different approach would help.
Agreeing changes between yourselves
Many parents make occasional adjustments to a court ordered contact schedule so that a child can attend a family celebration or birthday party, and where communication is reasonably good, such flexibility can make life easier.
For longer term changes, it is sensible to confirm new arrangements in writing, as this reduces the risk of one parent believing that a permanent change has been agreed when the other understood it to be only temporary.
It is important to understand that an informal agreement does not formally amend the order, and the revised arrangement cannot be enforced as though it were part of the court’s original terms. Where parents agree a lasting change, they can ask the court to approve a consent order reflecting their new agreement.
Formal variation deserves particular consideration where the child’s living arrangements are changing substantially or where trust between the parents is fragile. A clear order can help prevent a later dispute about which timetable should apply.
When one parent refuses a proposed change
A parent’s refusal does not automatically mean that the proposed change must be abandoned, but neither does it give the other parent permission to introduce it without the other’s consent. The existing order remains in force until the court changes it; making an application does not suspend its requirements.
Where it is safe and appropriate, mediation may help parents explore the disagreement. But if agreement remains out of reach, either parent can ask the court to decide. A disagreement about changing schools or a proposed relocation may also require consideration of a specific issue order or prohibited steps order, so advice should be obtained before taking any further action.
What counts as a breach?
Whether an order has been breached depends on what its particular terms specify. For example, refusing to make a child available for an ordered weekend may amount to a breach, as may failing to return the child at the specified time.
However, a disagreement is not necessarily a breach; if an order says nothing about a particular birthday, one parent’s refusal to accept the other’s proposed celebration does not automatically breach its terms. Equally, wording that leaves arrangements as agreed may create difficulties where agreement is no longer possible. Parents should therefore read the provisions of the order carefully before making allegations that there has been a breach.
When there may be a reasonable explanation
The court will consider the reasons behind an order not being followed. Illness rarely justifies cancelling contact, although a parent should consider whether other children in their household could be infected and uprooting a child from their day-to-day home when they are sick.
Where a parent believes that complying with an order would expose the child to harm, they should seek urgent legal advice and, where appropriate, assistance from the police or children’s services.
When making an enforcement order, the court must be satisfied beyond reasonable doubt that a provision of the CAO was breached and cannot enforce its terms where a reasonable excuse is established.
The court’s powers following breaches
Enforcement does not always result in a penalty, and the court may conclude that clearer directions would help, or that the arrangements themselves need reconsidering. For example, specifying a handover location may resolve repeated arguments that a loosely worded order has allowed to continue.
If enforcement is necessary, the court can impose an unpaid-work requirement, and may also order compensation for financial loss caused by a breach. Compensation concerns actual financial loss, rather than payment for the distress of missing time with a child.
In serious cases, contempt proceedings can lead to a fine or imprisonment, although in practice this is rare.
In severe cases, the court can reconsider where the child lives or how they spend time with each parent. Changing a child’s home is a welfare decision, however, and must never be treated simply as a punishment for an adult.
Keeping the child’s welfare central
When deciding whether to vary the arrangements, the child’s welfare is the court’s first consideration. Welfare also remains central when the court considers its response to non-compliance. The aim is to secure arrangements that work safely for the child, while addressing failures to follow the order.
Seeking advice before difficulties escalate
Early advice can help establish whether the dispute calls for clearer communication, a formal variation or an enforcement application. It is particularly useful where breaches are becoming a pattern, or where a child’s reluctance raises concerns that need investigating.
If you would like advice on varying or enforcing a CAO, please contact our team today. We can help you understand your options and work towards arrangements that support your child’s safety, stability and wellbeing.
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