If you're applying to court about child arrangements, a MIAM is usually required first. Book online through our trusted digital service.
Book a MIAM →Key points
Yes. A child arrangements order is not permanently fixed. It can be changed — either by the agreement of both parents, or through a court application.
Family courts recognise that circumstances change as children grow and family situations evolve. An order made when a child was two years old will not necessarily be appropriate when they are ten. Courts can and do vary orders to reflect changing reality.
However, courts do not vary orders lightly — particularly where an order has been working well. There must generally be a significant change in circumstances before a court will consider reopening an order.
See also: Child Arrangements Orders Explained — the full background on how orders work and what they contain.
Courts consider a variation application when there has been a significant change in circumstances since the original order was made. Examples include:
A parent relocating to a different area, making the current contact arrangements impractical. A significant change in a parent's working hours, shift patterns, or care availability. A child's own wishes changing meaningfully as they mature — particularly from around age ten onwards, and more significantly from twelve. A parent entering a new relationship with potential impact on the child. A change in the child's school, health needs, or extra-curricular commitments. Evidence of a parent not complying with the current order, or concerns about the child's welfare in one household.
A general sense that the order is no longer ideal is not sufficient on its own. The change must be significant and relevant to the child's welfare.
Read more: What If We Can't Agree? — if agreement cannot be reached on a variation, this guide covers the next steps.
If both parents agree on the variation, they do not always need to return to court. They can:
Informally update their parenting plan to reflect the new arrangements — suitable where both parents are cooperative and the change is relatively minor. Make a new consent order — where both parents agree the terms, a solicitor drafts the variation order, and it is submitted to the court for approval. This gives the variation the same legal force as the original order without a contested hearing.
A consent order is the more secure option where either parent has any doubt about whether the other will comply with the new arrangements.
Mediation first
Even where parties broadly agree on a variation, mediation can help work through the details and identify any remaining issues before a solicitor drafts the consent order. This reduces cost and ensures both parties feel heard.
If the other parent does not agree to the variation, or if a change is urgent, a formal application to vary can be made using the C100 form. As with any private law children application, a MIAM is usually required before the application will be accepted by the court — unless a valid exemption applies.
The court will assess the application against the welfare checklist and current circumstances. CAFCASS may be involved if welfare concerns are raised. The court's approach is the same as for any child arrangements case: what are the best arrangements for this child now, given everything the court knows about their situation?
Guidance on the C100 form: C100 Explained
Note on urgency
If there is an immediate risk to a child's welfare — for example, if a parent is planning to remove a child from the country without consent — an urgent application can be made to the court. Specific emergency orders exist for this situation. Read more: Relocating with Children After Separation
Yes. If both parents agree on the change, you can simply update your parenting plan informally or, for greater certainty, make a new consent order by agreement. You only need to return to court if one parent does not agree. Mediation is strongly recommended as a first step before making any variation application.
Courts consider changes such as: a parent relocating to a different area; a significant change in a parent's working hours or availability; a child's own expressed wishes changing as they get older; a parent entering a new relationship that affects the child; or a change in the child's school or health needs.
Before making a court application to vary an order, attending a MIAM is both a legal requirement and a practical opportunity. Many variation disputes — even those involving significant changes — can be resolved at the mediation stage, saving both parents the cost and delay of contested court proceedings.
If the other parent is genuinely unreasonable or poses a risk to the child, the court route may be unavoidable. But for most variation situations, mediation is faster, cheaper, and better for the co-parenting relationship.
You may also want to learn about:
Even at this stage, it may still be possible to resolve the variation through mediation rather than court proceedings. A MIAM appointment is the first step.
Arrange Your MIAM OnlineDelivered by qualified family mediators in line with UK mediation standards.
Most variation disputes are resolved before a final hearing.
Agreement through mediation is faster, cheaper, and better for the children.
In this section
Need a MIAM?
Book Now