How to Apply to Vary a Child Arrangements Order: A Step-by-Step Guide

“Last Updated” Date: Wednesday, 15 October 2025

You know things have changed, and the old Child Arrangements Order no longer works for your child. The thought of going back to court can be daunting, a process where in the past you may have felt you have been subjected to significant emotional discomfort. The paperwork feels complex, the path unclear, and the fear of making a mistake is very real.

This is not a battle to be won, but a problem to be solved. Applying to vary a court order is a formal process that requires a clear, child-focused strategy. The court’s only priority is your child’s welfare, and there must be valid reasons to vary a child arrangements order. This guide provides the authoritative, step-by-step roadmap to navigate the application process, from the mandatory mediation meeting to what to expect at the first hearing, ensuring you present the strongest possible case.

Key Takeaways

• Agreement First, Court Last: The court expects you to try and reach an agreement with your ex-partner first. Document your attempts to do so.
• MIAM is Usually Mandatory: Before you can apply to court, you will almost always need to attend a Mediation Information and Assessment Meeting (MIAM) to show you have considered non-court options.
• The Application is Form C100: The official form to apply to vary a Child Arrangements Order is the C100. It must be filled out precisely and focus on the change in circumstances.
• The Welfare Checklist is Everything: The judge’s decision will be based solely on what is in your child’s best interests, as defined by the seven factors in the Welfare Checklist.

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Jump To

• A Deep Dive: The Legal Foundations of Your Application
• Your Strategic Path: The 4-Step Application Process
• At a Glance: Consent Order vs. Contested Hearing
• Common Mistakes That Weaken Your Application
• FAQs about Applying to Vary an Order

From my time as a Cafcass and Children’s Services social worker, I can tell you that judges have very little patience for parents who rush to court without first trying to resolve matters themselves. Your first step is always to try and have a calm, child-focused discussion with your ex-partner. Only when that fails should you move to the formal process.

A Deep Dive: The Legal Foundations of Your Application

The MIAM Requirement

Before you can make an application to the court, you are generally required to attend a Mediation Information and Assessment Meeting (MIAM). This is a mandatory step under Part 3 of the Family Procedure Rules 2010. The meeting is with a qualified mediator who will assess whether your case is suitable for mediation.

What This Means For You: You cannot skip this step unless you qualify for an exemption (such as domestic abuse). The court needs to see that you have seriously considered resolving the dispute without their intervention. The mediator will sign your C100 form to prove you have attended.

The Welfare Checklist

The judge’s decision will be guided by one thing only: the child’s best interests. This is legally defined by the Welfare Checklist, found in Section 1 of the Children Act 1989. Your entire application must be framed around these seven points.

What This Means For You: Your application cannot be about what you want or what is fair to you. It must be about why the change is better for your child, referencing their wishes, their physical and emotional needs, and the likely effect of the change on them.

Example: Snippet from a C100 Supporting Statement

This application to vary the order of 15th January 2024 is made due to a material change in circumstances, namely my relocation for work and our son, [Child’s Name]’s, transition to secondary school.

The current order specifies handovers at the Respondent’s home on Friday evenings. Due to my new employment, I am now required to work 100 miles away until 7 pm on Fridays, making this impossible. A proposed alternative handover time is attached at Exhibit A.

Furthermore, [Child’s Name], now 12, has expressed a clear wish to spend more time with his paternal cousins who live near me. His school report (Exhibit B) notes his increasing maturity.

I submit that varying the order to accommodate a later handover and an additional weekend per month is in [Child’s Name]’s best interests, as it supports his relationship with his wider family and reflects his ascertainable wishes and feelings, in line with the Welfare Checklist.

A Real Life Scenario: Mark’s work shifts changed, making the weekend handover times in his CAO impossible. He emailed his ex-partner, calmly explained the situation, and proposed a new time. She refused. Mark then attended a MIAM, got the form signed, and filed a C100 application. In his statement, he attached his new work rota and explained that he had tried to agree this amicably first. At the first hearing, the judge saw that Mark had acted reasonably and that his request was based on a genuine change. The judge made an interim order for the new times that day.

Your Strategic Path: The 4-Step Application Process

Applying to the court is a formal process that must be followed correctly. This checklist breaks down the key stages.

1. Attempt Agreement & Attend a MIAM: First, you must try to resolve the issue with your ex-partner. Document your attempts in writing (email or a parenting app is best). If you cannot agree, you must book and attend a MIAM with a qualified mediator, who will then sign the relevant section of your court form.
2. Complete and File the C100 Form: The C100 is the official application form for a Child Arrangements Order. You must fill it out completely, detailing the change in circumstances and explaining why you believe the variation is in your child’s best interests. You then file this with the court and pay the fee.
3. Prepare for the First Hearing (FHDRA):
   

   Once your application is issued, the court will list a First Hearing Dispute Resolution Appointment (FHDRA). A CAFCASS officer will likely call you before this hearing for a safeguarding interview. You must prepare for this call. The hearing itself is a short appointment where a judge will try to help you and your ex-partner reach an agreement.

4. Navigate Next Steps: If you cannot agree at the FHDRA, the judge will make directions for what happens next. This may include ordering a CAFCASS report (known as a Section 7 Report)
   

   or listing the case for a further hearing where evidence is heard.

At a Glance: Consent Order vs. Contested Hearing

Even after applying, you have two paths: agreeing on the changes or having a judge decide for you. Understanding the difference is key.

Feature	Agreement (Consent Order)	Contested Hearing
Goal	✅ To create a legally binding order based on the parents’ mutual agreement.	❌ To have a judge impose a legally binding order after hearing evidence from both sides.
When to Use It	When parents can agree on the changes, either before court or during the FHDRA.	When parents cannot agree and a judicial decision is the only way forward.
Example	Both parents sign a draft order with the new times, which the judge approves and seals.	Both parents give evidence, CAFCASS provides a report, and the judge makes a final decision.
Legal Test	The judge simply has to be satisfied the agreed changes are not harmful to the child.	The judge must apply the full Welfare Checklist to determine what is in the child’s best interests.
Outcome	✅ Faster, cheaper, and less stressful. The new order is made.	❌ Slower, more expensive, and high-stress. The outcome is uncertain and may not be what you wanted.

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Common Mistakes That Weaken Your Application

From my time reviewing court bundles as a social worker, I saw that the applications that failed almost always had the same flaws. A judge has very little time, and a poorly presented case is a gift to your ex-partner.

Common Pitfalls:

• Rushing to Court Without Trying to Agree: Why this is a mistake: Judges dislike it when parents use court as a first resort. It makes you look unreasonable and unwilling to co-parent. Always try mediation or discussion first and keep a record of it.
• Submitting a Poorly Written C100 Application: Why this is a mistake: Your C100 form is the first impression the court has of you. An application that is angry, vague, or focused on your needs rather than the child’s will immediately put you on the back foot.
• Focusing on “Your Rights” Instead of the Child’s Welfare: Why this is a mistake: Family court is not about your rights; it is about the child’s. Framing your argument around the child’s right to a relationship with you, and how the variation benefits them, is far more persuasive.

FAQs about Applying to Vary an Order

Navigating the court process can be confusing. Here are clear answers to the most common questions fathers ask.

What form do I use to change a child arrangements order?

You must use the Form C100. This is the same form used to make the initial application for a Child Arrangements Order. You will need to indicate that you are applying to vary an existing order.

How much does it cost to apply to vary an order?

The court fee for filing a C100 application is currently £263 (as of October 2025). You may be eligible for a fee exemption if you are on a low income or certain benefits. This does not include any costs for legal support.

Do I have to go to mediation (a MIAM) first?

In most cases, yes. Before a court will accept your C100 application, a certified mediator must sign a section of the form to confirm that you have attended a Mediation Information and Assessment Meeting (MIAM) to consider resolving the dispute out of court.

How long does it take to vary a child arrangements order?

The timeline can vary significantly. If you and your ex-partner agree and can submit a consent order, it can be resolved in a matter of weeks. If the application is contested and requires a final hearing, the process can take anywhere from 4 to 8 months, or even longer.

What happens at the first court hearing (FHDRA)?

The FHDRA is a short hearing (usually around 30-45 minutes). A judge and a CAFCASS officer will be present. Their goal is to understand the issues and help you and your ex-partner reach an agreement. If you can’t agree, the judge will set a timeline for the next steps, such as filing witness statements.

Build Your Strongest Case for Variation

At Dads Consultancy, we provide the specialised, expert support to move you from crisis to control. We can help you with:

• Making Your Application (C100)
• MIAM/Mediation Guidance
• Drafting Powerful Position Statements
• Handling the CAFCASS Call
• Navigating Section 7 Reports
• McKenzie Friend Support
• Responding to Non-Molestation Orders
• Navigating Child Arrangements Orders

An outdated order shouldn’t prevent you from having a meaningful relationship with your child. Your application needs to be calm, child-focused, and built on evidence. WhatsApp us today for a fixed-fee consultation to build a clear, winning strategy.