Varying or discharging a family court order

REVIEWED BY: Sean McNamara on 2026-09-01

How to ask the family court to change (vary) or end (discharge) an existing family order in England and Wales. General information only — not legal advice.

We are an independent information resource, not connected to HMCTS, the Ministry of Justice or any law firm, and we take no referral fees.

The short version

Court orders do not manage themselves. If circumstances have genuinely changed — or the order is not working in practice — you usually have three routes:

1. Apply to vary the order (change its terms, for example reducing contact days); 2. Apply to discharge the order (end it); 3. Ask the other party to agree and record the change in a new consent order (often cheaper and faster — see our consent order guide).

Which route and which application form depends on the type of order.

Child arrangements and other section 8 orders (Children Act 1989)

Child arrangements orders, prohibited steps orders and specific issue orders (the "section 8 orders") can be varied or discharged on application to the family court. There is no fixed waiting period for the applicant, but the court will look carefully at whether there has been a material change of circumstances and at the child's welfare, which remains the court's paramount consideration (section 1, Children Act 1989).
Applications use Form C79 for enforcement, but a variation or discharge application is made on Form C100 (with the "application to vary or discharge" box) — see our C100 guide.
A child arrangements order ends automatically when the child turns 16 (unless extended in exceptional circumstances) — see child arrangements when your child turns 16.
If the real problem is enforcement rather than variation, see our enforcement guides first: a variation application is not an enforcement route.

Care and supervision orders

Care orders and supervision orders are varied or discharged under section 31(10) of the Children Act 1989. Applications (Form C110A route) are treated seriously: for a care order discharge the court will want evidence that the parent's circumstances have changed substantially and the child's welfare supports a return home. See our care proceedings guides.

Financial remedy orders (divorce money orders)

Periodic payments and secured provision orders can be varied under section 31 of the Matrimonial Causes Act 1973.
Lump sum orders and property adjustment orders cannot be varied once made (except in limited procedural circumstances, e.g. an instalment application); they can only be appealed or, in rare cases, set aside. See our appeals and set-aside guide.
Applications use Form D11 (general application) or the appropriate remittance form — see our D11 guide.

Non-molestation and occupation orders

Injunctions under the Family Law Act 1996 can be varied or discharged on application (Form FL404 route for non-molestation/occupation orders). Both parties may apply. See our FL401 and protective order guides. If you are a victim, do not agree to vary safety arrangements without advice.

What you must show

For most variation applications: a material change since the order was made, or facts the court did not know about.
For discharge: why the order is no longer needed or no longer serves the child's/justice's interests.
A short position statement helps — see how to write one.
Court fee and form details are on GOV.UK and the HMCTS forms page.

If the other side is simply ignoring the order

A variation application is the wrong tool — that is breach. See our breach and committal guide and the C79 enforcement route.

Support while you do it

Support Through Court — free practical help for people facing court alone
Citizens Advice
Family Mediation Council — find a mediator

Nothing on this page is legal advice. For advice on your own case, consult a regulated family lawyer or a family mediation service.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.