Lead Forensics
Prettys Solicitors Ipswich

Family law

Specific Issues Concerning Children

After a couple with a family decide to separate or divorce, there can be specific issues concerning children where advice from lawyers is needed. Prettys give answers to some questions. 

We cannot agree where our child should go to school, or whether our child should have a medical procedure.  Do I have a say and what should we do?

Each parent with parental responsibility has a right to be involved in these decisions.  Where only one parent has parental responsibility they may try and overrule the other.  To resolve the disagreement, it would be sensible to consider our Talking Works discussive approach to improve communication and to try and reach a decision.  If the matter is time-sensitive, an urgent court application may be in the child’s best interest.

We still cannot agree; now what?

Either parent with parental responsibility can apply to the court for a specific issue Order – that is, specifically where the child should go to school or whether they should have a procedure.  The court will consider what is in the child’s best interest and will also consider practical issues such as how the child will travel to and from school and their social circle, or, the child’s health needs and concerns.  The applying parent will first need to attend a MIAM (unless the matter is urgent) to consider whether mediation may be a more suitable way of trying to resolve the matter.

We cannot agree whether, or where, the child can go on holiday.  What should we do?

Again, our Talking Works discussive approach should be considered to try and avoid court, but if unsuitable a specific issue Order application can be made to the court.  The court generally considers that a holiday with a parent is a good life experience for a child.  Provided there are clear arrangements for handover of the child, and the holiday destination is considered safe, courts tend to be favourable towards such applications subject to any concerns by the school if in term time.

I am concerned my ex-partner may just go unilaterally with my child.  What should I do?

You should consider an urgent prohibited steps Order application that literally seeks to prohibit the actions of one parent to safeguard the child. Contact us for family law legal advice on how to go about this.

What should be my next step?

Either call the Family Team on 01473 232121, ask us to call you back or e-mail . Prettys work with clients in Ipswich, Chelmsford and East Anglia.


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