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I want to vary the contact arrangement because of the way my partner is acting around our children. Can I do this?

What is best for your children is the court’s paramount interest in cases such as these. This usually means that your children should see both parents regularly, as per the contact order that was agreed. However, if you think your partner may cause your children harm or is drinking heavily or taking drugs then it is possible to vary the contact order.

In order to vary the contact order, the court would need evidence of risk to your children and may also need a CAFCASS report. CAFCASS are a government body that the court can instruct to carry out checks on both parents.

If the court finds that your children may be at risk then they may vary the contact order so that your partner can only have contact with your children when supervised by a third party or, more unusually, stop your partner seeing them at all.

The court will consider the child’s welfare first and the older the children are the more the court will put weight on what they say that they want to happen.

If your partner has threatened to harm you or your children then you must go to the police straight away. If this is the case we can then advise you on obtaining an injunction.

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0845 862 5001 or email us today.

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