When You Must Go to Court to Change a Court Order

Understanding When You Need to Go to Court to Change an Order

When you have an existing court order – such as one relating to child arrangements, financial settlements, or other family matters – there may come a time when you need to change it. Understanding when you need to go to court to make this change is crucial, as not all situations require a formal court application.

Some court orders can be changed by agreement between all parties involved, without having to return to court. For example, if everyone affected by the order agrees to the new terms, you may be able to update the order informally or use a simpler process. To find out more about these situations, see our guidance on changing a court order without going to court.

However, there are times when a court’s involvement is necessary. You must apply to the court to change an order if:

• Not everyone agrees to the proposed changes,
• The original order specifically requires court approval for any amendments,
• The type of order (such as certain financial or child arrangement orders) legally requires a judge’s decision to alter its terms.

Common reasons to request a change include significant changes in your circumstances (like a new job, a move, or changes in a child’s needs), concerns about the order’s fairness, or if the current arrangement is no longer practical or safe. It’s important to act promptly if you believe the order no longer works, as failing to follow the correct process could mean the changes are not legally valid and could lead to further disputes.

The process for applying to the court usually involves:

• Gathering evidence to show why the change is needed,
• Completing the relevant court forms,
• Paying any required fees,
• Submitting your application and supporting documents to the court,
• Attending a hearing, if required, where a judge will consider your request.

The specific steps and forms may vary depending on the type of order and your circumstances. For family law matters, the Family Procedure Rules 2010 set out the procedures you must follow. These rules ensure that all parties have a fair chance to present their case and that any changes are made legally.

This page focuses on what to do when you need to go to court to change an order. If you’re unsure whether your situation requires a court application, or if you want to explore all your options, you can learn more about the wider process of changing a court order and the alternatives available. This will help you choose the right approach and keep your court order up to date as your circumstances change.

Common Reasons to Request a Change to a Court Order

When life changes, you may find that an existing court order no longer suits your circumstances. Some of the most common reasons people ask the court to change an order include:

• Changes in financial circumstances: If your income has significantly increased or decreased – perhaps due to losing your job, starting a new one, or facing unexpected expenses – you might need to adjust orders related to maintenance payments or financial support.
• Child arrangements: As children grow older or family situations change, existing arrangements for where a child lives or how much time they spend with each parent may no longer be practical or in their best interests. The law recognises that children’s needs evolve, and you can apply to change orders made under the Children Act 1989 if circumstances justify it.
• Relocation or moving home: If one parent wishes to move to another part of the country or abroad, this can affect existing contact or residence orders and may require a formal change.
• Discovery of new evidence: Sometimes, important information comes to light after the original order was made. For example, if evidence relevant to a financial settlement or child welfare emerges, you may be able to ask the court to reconsider the order.
• Non-compliance with the existing order: If the other party is not following the order, you might need to request changes to make the order more workable or to address ongoing issues.

Before making any changes, the court will always consider whether the proposed variation is necessary and fair to everyone involved. For child-related orders, the court’s main focus is the child’s welfare, as set out in the Children Act 1989. For financial or property orders, the court will look at whether the change keeps things just and reasonable in light of current circumstances.

It’s important to note that not all changes require a court hearing. If everyone affected by the order agrees to the proposed changes, you may be able to use a simpler process known as changing an order by agreement, which can save time and reduce stress.

If you believe the original decision was wrong in law or procedure, rather than simply needing a change due to new circumstances, you might consider appealing. The Court of Appeal handles appeals in civil cases, and there are specific rules and time limits for making an appeal.

Whatever your reason, it’s important to gather clear evidence and seek advice before applying to change a court order. This helps ensure the court can make a fair decision that reflects your current situation.

The Formal Court Process to Change an Order

When you need to formally ask the court to change an existing order, there is a clear process you must follow. This section explains each step, the documents you’ll need, and what to expect from the court’s decision-making process.

Steps to Make a Formal Application

• Check If a Formal Application Is Needed
  Before starting, consider whether your situation requires a formal court application. In some cases, you may be able to resolve matters through agreement or alternative dispute resolution. However, if agreement isn’t possible, or the order is legally binding, a formal application is usually necessary.
• Prepare Your Application
  The process differs depending on whether your order relates to civil or family matters:
• For civil court orders (such as money judgments or injunctions), you must follow the Civil Procedure Rules 1998 (CPR) Part 23, which set out the general rules for making applications to the court.
• For family court orders (such as child arrangements or financial orders), the Family Procedure Rules 2010 apply.

Complete the Application Form
You’ll need to fill in the correct court form. This typically includes:

• Details of the existing order.
• The changes you are seeking.
• The reasons for your request.

Gather Supporting Documents and Evidence
The court expects clear evidence to support your application. This could include:

• Statements explaining changes in your circumstances (such as a new job, loss of income, or changes in your child’s needs).
• Financial documents (like payslips, bank statements, or benefits letters) if your application relates to money.
• Any correspondence or agreements relevant to your case.

Submit Your Application and Pay Any Fees
File your application and supporting documents with the court. You may need to pay a court fee, although fee exemptions or reductions are sometimes available.

Attend the Court Hearing
After reviewing your papers, the court may schedule a hearing. Both parties will have a chance to present their case and answer questions. Sometimes, the court may decide the application based on the documents alone if the issues are straightforward.

For a step-by-step overview, see our guide to formal applications to vary or set aside a court order.

How the Court Considers Your Application

The court will look at:

• Whether there has been a significant change in circumstances since the original order was made.
• The reasons for your request and whether they are supported by evidence.
• The impact on everyone involved, especially in family cases where the welfare of children is the top priority.
• Legal requirements and fairness, ensuring the order remains just and practical.

The court’s approach is guided by the relevant rules:

• In civil cases, CPR Part 23 outlines the process for applications.
• In family cases, the Family Procedure Rules 2010 set the standards for procedure and decision-making.

Possible Outcomes

After considering your application, the court can:

• Vary the order: Change parts of the existing order to reflect new circumstances.
• Set aside the order: Cancel the order entirely if it is no longer appropriate.
• Refuse the application: Leave the original order unchanged if the court is not satisfied there is a good reason to amend it.

The outcome will depend on the strength of your evidence and whether the court is persuaded that a change is necessary and fair.

If you’re unsure about any step of the process or need more detailed information about the rules that apply to your situation, consult the Civil Procedure Rules 1998 (CPR) Part 23 for civil matters or the Family Procedure Rules 2010 for family proceedings. For more practical guidance, our page on formal applications to vary or set aside a court order provides helpful details on each stage of the process.

Information You Need to Provide When Requesting a Change

When you ask the court to change an existing order, it’s essential to present your case clearly and provide all the necessary information. This helps the judge understand your reasons and decide whether a change is justified.

Explaining Your Reasons

Start by clearly explaining why you believe the order should be changed. The court will only consider altering an order if there has been a significant change in circumstances since the original decision. Common reasons include:

• A change in income or financial situation (for example, losing a job or a substantial pay rise)
• A change in living arrangements (such as moving house or a new relationship)
• Concerns about the welfare or safety of a child
• New information that wasn’t available when the original order was made

Be specific and honest about your situation. Vague or unsupported claims are unlikely to succeed.

Types of Evidence You May Need

To support your request, you should gather evidence that backs up your reasons. The court relies on facts, not just statements, so providing clear documentation is crucial. Depending on your case, you may need to include:

• Financial documents: Recent payslips, bank statements, proof of benefits, or evidence of changes in expenses
• Witness statements: Written accounts from people who have direct knowledge of the situation, such as family members, teachers, or medical professionals
• Official reports: Letters or reports from social workers, doctors, or other professionals involved with your case
• Correspondence: Emails, letters, or messages that demonstrate changes or support your claims

Make sure your evidence is up-to-date and directly relevant to the change you are requesting.

Preparing Your Application

Your application should be clear, organised, and complete. Take time to:

• Fill out the correct form for your type of case. For example, if you are making an application under Part 18 of the Family Procedure Rules, you will need to use the appropriate notice. You can find more details and the necessary form in the Family Procedure Rules 2010, Part 18.
• Attach copies of all supporting evidence. Keep originals safe and only send copies to the court.
• Write a short, factual statement explaining your reasons and referring to the evidence you are providing.
• Double-check that all information is accurate and nothing important has been left out.

A well-prepared application increases your chances of a positive outcome and avoids unnecessary delays.

Notifying Other Parties

It’s important to remember that anyone else affected by the order must be informed about your application. The court will usually require you to send a copy of your application and supporting documents to all other parties. This gives everyone a fair chance to respond or provide their own evidence.

If you are not sure who needs to be notified, check the details of your original order or seek advice before submitting your application.

By providing clear reasons, strong evidence, and a well-prepared application, you can help the court make an informed decision about your request to change an order. If you need further guidance on the process or want to ensure you are using the correct forms, refer to the Family Procedure Rules 2010, Part 18 for detailed instructions.

Alternatives to Going to Court for Changing an Order

Changing a court order does not always mean you have to go back to court for a hearing. In many cases, there are alternative ways to update or vary an order, which can save you both time and money.

One of the most straightforward options is to reach an agreement with the other parties involved. If everyone affected by the order agrees to the proposed changes, you can usually apply to the court for a variation by consent. This process is often quicker and less stressful than a full court hearing. The court will still need to approve the new arrangement, but if all parties are in agreement, it is generally a straightforward process. For more information on how this works, including the steps you need to follow and the documents required, see our guide on changing an order by agreement.

In family law cases, the rules for changing an order by consent are set out in the Family Procedure Rules 2010, Rule 9.12. This rule allows parties to submit a draft order reflecting the agreed changes for the court to consider, without the need for a hearing in most cases.

If you cannot reach an agreement directly, you might consider mediation or another form of dispute resolution. Mediation involves an independent third party who helps everyone involved find a solution together. This approach can help keep communication open, reduce conflict, and often leads to faster, less costly outcomes than going to court. Other alternatives include collaborative law and arbitration, which can also help resolve disputes outside of court.

Exploring alternatives to court can be particularly useful if you want to maintain a cooperative relationship with the other party or if you wish to avoid the formality and potential expense of court proceedings. Even if you eventually need a court order to formalise any agreement reached, using these methods first can make the process smoother and less confrontational.

Before deciding which route is best for you, consider the nature of the changes you want to make and whether all parties are willing to cooperate. If you are unsure, seeking legal advice or discussing your options with a mediator can help you find the most appropriate way forward.

What to Do if a Court Order Is Not Being Followed

If someone is not following a court order, it’s important to take action promptly to protect your rights and make sure the order is respected. Court orders are legally binding, and ignoring them can have serious consequences. Enforcing a court order helps ensure that everyone involved does what the court has decided is fair and necessary.

Why Enforcement Matters

When a court order is broken – whether it’s about child arrangements, financial payments, or another issue – the person affected can face ongoing problems or hardship. The court expects its orders to be followed, and there are legal mechanisms to help you if they are not. Taking steps to enforce the order shows that you are serious about upholding the court’s decision and can help resolve issues more quickly.

Enforcement Options

There are several ways to enforce a court order in the UK, depending on the type of order and the circumstances. Common enforcement options include:

• Applying for enforcement through the court: You can ask the court to take action to make sure the order is followed. This might involve seizing assets, deducting money from wages, or other measures.
• Using bailiffs or High Court enforcement officers: In some cases, bailiffs can be instructed to recover money or property.
• Seeking penalties for non-compliance: If someone continues to ignore a court order, the court can impose fines or, in extreme cases, imprisonment.

For a detailed overview of your options and the steps involved, see our guide on enforcement of court orders.

The specific procedures for enforcement in civil cases are set out in the Civil Procedure Rules 1998. These rules explain how to apply for enforcement, what forms you need, and what to expect from the process.

Legal Consequences of Non-Compliance

Failing to follow a court order is a serious matter. Under the Contempt of Court Act 1981, someone who deliberately disobeys a court order can be found in contempt of court. This can lead to penalties such as fines or even imprisonment, depending on the severity of the breach.

When Changing the Order May Be Better

Sometimes, the reason a court order isn’t being followed is that circumstances have changed since it was made. For example, someone may have lost their job, moved house, or experienced a change in family circumstances. In these cases, it might be more appropriate to ask the court to change (vary) the order rather than enforce it as it stands.

If you think the order no longer reflects your situation, you can apply to the court to have it changed. It’s important to provide clear evidence of the changes in your circumstances and explain why the current order is no longer suitable.

Taking action when a court order is not being followed is essential to protect your interests and maintain the authority of the court’s decision. Whether you need to enforce the order or apply for a change, understanding your options and following the correct procedures will help you achieve the best outcome.

Related Topics and Specific Situations

Related Topics and Specific Situations

Changing a court order is not limited to family or civil disputes – it can also be highly relevant in other areas of life, such as housing and employment. Understanding when and how a court order can be changed is crucial, especially if your circumstances have shifted or if you are dealing with complex situations that cross into different legal areas.

Tenancy and Renting Issues

If you are renting a property, you might encounter court orders relating to eviction, rent arrears, or disputes with your landlord. For example, if you have an existing possession order against you but your circumstances have changed – such as a sudden loss of income or a resolved dispute – you may be able to apply to the court to vary or set aside the order. Understanding your rights and the process for changing a court order can help you stay in your home or resolve conflicts more fairly.

For more information on how court orders can affect your housing situation, see our guide on tenancy and renting issues.

Workplace Disputes and Court Orders

Court orders can also play a role in employment situations, such as injunctions preventing certain actions at work, or orders related to unfair dismissal or discrimination cases. If an order is no longer appropriate – perhaps due to a change in job role or a resolution between parties – you may need to apply to the court to have it changed or lifted.

Understanding your employment rights is essential in these situations. The Employment Rights Act 1996 sets out the legal framework for many workplace disputes, including the rights and protections you have if a court order is made in relation to your employment.

For a broader overview of how court orders can impact your work life, visit our section on workplace disputes and court orders.

Appeals and the Court of Appeal

If you disagree with a court’s decision to change or refuse to change an order, you may have the right to appeal. The appeals process is an important safeguard, allowing you to challenge decisions you believe are unfair or incorrect. The Court of Appeal plays a key role in reviewing such cases and ensuring that the law is applied properly.

Before considering an appeal, it’s important to understand the grounds for appealing and the procedures involved. Not all decisions can be appealed, and strict time limits usually apply.

If your situation involves any of these areas, or you are unsure whether your court order can be changed, exploring these related topics can help you better understand your options and next steps.