Last updated: September 2026
by Jess Knauf, Director of Client Strategy at Mediate UK. Reviewed by Belinda Atkins, Managing Director, Family Legal Ltd. Information reflects current family law and court procedure in England and Wales as of 16 September 2026.
Key Points
- Only the family court can formally vary or discharge an existing child arrangements order.
- You apply on a new C100 form, the same form used for the original application.
- The court fee is £270 as of July 2026, and Help with Fees may reduce it.
- You will usually need to attend a MIAM first, unless an exemption applies.
- If you both agree the changes, the court can approve them as a consent order, often with less time in court.
- Old “contact orders” and “residence orders” are now treated as child arrangements orders and are varied in the same way.
Quick Answer
To change a child arrangements order in England and Wales, you complete a new C100 form asking the family court to vary the existing order. Most parents need to attend a MIAM first, and the court fee is £270. If both parents agree the new arrangements, the court can approve them by consent.
If you need to change child arrangements order terms because your family’s life has moved on, you are far from alone. Children grow, jobs change and people move house, and the original order can quickly stop fitting everyday reality.
The difficulty is that a court order stays legally binding until the court changes it, even if you and the other parent have been doing something different for months. This guide explains when you can vary a court order about your children, why a new C100 to change an order is the formal route, what it costs, and how to keep the process as quick and low-stress as possible.
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Can You Change a Child Arrangements Order?
Yes. A child arrangements order sets out who a child lives with, and when and how they spend time with the other parent. It is made under Section 8 of the Children Act 1989, and Section 10 of the same Act allows the court to vary it (change some of the terms) or discharge it (bring it to an end).
There is no fixed waiting period before you can apply. However, the court will want to understand what has changed since the order was made, and why a new arrangement would be better for your child. Applications that simply repeat an argument the court has already decided are unlikely to succeed.
Common reasons parents ask to vary an order
- A house move: a longer journey can make midweek handovers or school runs unworkable.
- New work patterns: shift work or a new job may clash with the days in the order.
- A child’s changing needs: a new school, clubs, exams or health needs often call for a different routine.
- The child’s own wishes: older children often have firm views, and the court gives these more weight as they mature.
- New safety concerns: if something has happened since the order was made that worries you, the court needs to know.
Whatever the reason, the judge will apply the welfare checklist in Section 1 of the Children Act 1989. Your child’s welfare is the court’s paramount concern, so frame your reasons around what your child needs, not what suits either parent.
Can You Change Child Arrangements Order Terms Informally?
Many orders allow parents to agree small, flexible changes between themselves, such as swapping a weekend for a family wedding. If you can agree changes like this, write them down in a text or email so there is a clear record.
For bigger, long-term changes, an informal agreement has a weakness. The order itself has not changed. If the relationship becomes strained later, either parent could point to the original order, and that is the version the court would expect you to follow. Formalising the new arrangement gives everyone, especially your child, more certainty.
“We often speak to parents who have quietly worked around an old order for a year or more, and it has worked well until one disagreement brings everything back to square one. If the new routine is working, it is well worth making it official while you are still getting on. It is usually quicker and less expensive to formalise an agreement than to fight about it later.”
Jess Knauf, Director of Client Strategy, Mediate UK
Why You Need a New C100 to Change an Order
There is no separate “variation form” for child arrangements. The official Form C100 covers new Section 8 applications and applications to vary or discharge an existing order. So even if you went through the court process years ago, a fresh C100 is the starting point.
If you are new to the form, our guide on what the C100 form is and who uses it covers the basics. On a variation application, you will need to give details of the existing order, including the court, the case number and the date it was made, and attach a copy if you have one.
What about an old contact or residence order?
If you want to update a contact order or residence order made before April 2014, the process is the same. The Children and Families Act 2014 replaced both with the single child arrangements order, and older orders are now treated in the same way. You still apply on a C100. Our guide to the different types of child arrangements orders explains how “lives with” and “spends time with” orders now work.
Who Can Apply to Vary a Court Order?
Parents, guardians and special guardians can apply without asking the court’s permission first. So can anyone named in the existing order as a person the child lives with or spends time with, and anyone whose application led to the order.
Other people, such as some grandparents, will usually need the court’s permission before their application can go ahead. If the court made a Section 91(14) order at the end of your last case, which stops further applications without permission, you will also need to ask for permission first.
How to Change a Child Arrangements Order: Step by Step
- Try to agree the changes: talk directly if it is safe to do so, or use family mediation to reach an agreement you can both live with.
- Attend a MIAM: a Mediation Information and Assessment Meeting is a short meeting with an accredited mediator. It is required before most C100 applications, including variations.
- Complete the C100: tick the option to vary an existing order and explain clearly what you want changed and why.
- Add Form C1A if needed: if you have concerns about domestic abuse or harm, complete Form C1A alongside the C100.
- Submit and pay the fee: most applications are filed online through MyHMCTS, and the fee is £270.
- Safeguarding checks: Cafcass carries out checks and speaks to each parent before the first hearing.
- First hearing: the court lists a FHDRA (First Hearing Dispute Resolution Appointment), usually within 4 to 6 weeks, though busy courts can take 8 to 10 weeks.
Our step-by-step guide to completing the C100 walks through each section, and you can read more about what happens at the FHDRA if the other parent does not agree.
Do you need a MIAM to change an order?
In most cases, yes. The MIAM requirement in Section 10 of the Children and Families Act 2014 applies to variation applications as well as new ones. The mediator signs the section of your C100 confirming you attended. Our guide on whether you need a MIAM for your C100 explains the rules, and some situations, such as domestic abuse or urgency, are covered by MIAM exemptions.
Book Your MIAM
Need a MIAM Before You Vary Your Order?
A MIAM is the first step before most applications to change an existing order. Meet an FMC-accredited mediator online and get your C100 signed within 48 hours, with an urgent 24-hour option if time is short. Your MIAM is free if you qualify for legal aid.
Agreed vs Disputed Changes: What to Expect
Even with a consent order, the judge must be satisfied the new arrangement is in your child’s best interests. Cafcass safeguarding checks still take place, so it helps to be open about any concerns from the start.
Real Example
Changing midweek contact after a school move
A father had Wednesday overnight stays under a 2021 order. When his daughter started secondary school 40 minutes away, the Thursday morning drop-off became impossible. Both parents agreed to swap Wednesday nights for an extra Sunday night each fortnight. After a MIAM and two mediation sessions, they submitted a C100 with a draft consent order, and the court approved the new arrangement without either parent having to argue their case.
Mediate UK
Could You Agree the Changes Through Mediation?
Agreeing new arrangements in mediation is usually less stressful, quicker and less expensive than a contested hearing. Because this is a dispute about children, you may be able to use the government’s family mediation voucher, worth up to £500 towards mediation sessions. Legal aid for family mediation is also available through Mediate UK if you meet the financial criteria.
How Much Does It Cost to Change a Child Arrangements Order?
The court fee for a C100 is £270 as of July 2026, confirmed in the Ministry of Justice fees update. If you are on a low income or certain benefits, you may be able to get some or all of this back through Help with Fees.
On top of the fee, you may pay for a MIAM, mediation sessions and any legal help you choose. Legal aid for family mediation is means-tested, so if you qualify, your MIAM and mediation sessions are free. You can check if you can get legal aid on GOV.UK. For a full breakdown, see our guide to family court costs in 2026.
Special Situations to Be Aware Of
The other parent is not following the order
If the problem is that the order is being ignored, that is usually a matter of enforcement rather than variation. Enforcement applications use a different form, Form C79. Sometimes both are relevant, for example when repeated missed handovers show the current arrangement is no longer realistic.
Relocating with your child
A move within the UK may mean the existing order needs varying. A permanent move abroad needs the written consent of everyone with parental responsibility, or the court’s permission. If a “lives with” order is in place, you can usually take your child abroad for up to one month without that consent.
Concerns about your child’s safety
If you are worried about harm or domestic abuse, include Form C1A with your application. Our guide to the difference between Form C100 and Form C1A explains when it is needed. If a child is at immediate risk, contact the police first.
In Summary
To change child arrangements order terms formally, you apply to the family court on a new C100 form. Most parents need a MIAM first, the fee is £270, and the court will decide based on what is best for your child.
If you and the other parent can agree the changes, the court can approve them by consent, which is usually quicker and less expensive. If you cannot agree, the case goes to a first hearing, where Cafcass and the judge will help work out the next steps.
Frequently Asked Questions
What form do I need to change a child arrangements order?
You use Form C100, the same form used for a new application. It includes an option to vary or discharge an existing Section 8 order. You will need the details of the current order, including the case number.
Can we change a child arrangements order without going to court?
You can agree informal changes, but the original order stays legally binding. To make the new arrangement official, you need to apply to court, though an agreed application can often be approved with little or no time in a courtroom.
How long does it take to vary a court order about children?
The first hearing is usually 4 to 6 weeks after you submit the C100, though busy courts can take 8 to 10 weeks. Agreed changes are often finalised sooner, while disputed cases can take several months.
Do I need a MIAM to update a contact order?
Usually, yes. A MIAM is required before most C100 applications, including applications to vary an existing order. Exemptions apply in some situations, such as domestic abuse or genuine urgency.
Can my child decide to change the arrangements?
A child cannot change a court order on their own. However, the court takes a child’s wishes and feelings into account, and gives them more weight as the child gets older and more mature.
Is there a time limit before I can apply to change an order?
There is no set waiting period. The court will want to see a genuine change in circumstances. If a Section 91(14) order was made, you will need the court’s permission before applying.
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