Disputes regarding children

Sadly many marriage and relationship breakdowns can be bitter. It is of paramount importance to minimise any conflicts for the sake of any dependant children, as their security and happiness should be the main priority for any parent. A number of organisations can assist with the difficult and often traumatic discussions that need to take place with children about the breakup of a marriage and how that will impact upon their lives. Some of these agencies are referred to in the useful links page on this site.

In the unfortunate circumstances matters cannot be agreed, then the court can be of assistance as there are a variety of orders available to deal with disputes that have arisen which cannot be resolved. A court’s paramount consideration is what is in the best interests of the children. On occasions the court will consider the wishes and feelings of older children where appropriate. Often independent agencies such as Cafcass become involved in order to assist with disputes, narrow issues and give independent opinions to the court, where disputes cannot be resolved.

There are a range of orders relating to issues and disputes concerning children under the age of 16. For example orders as to who the children should live with, what sort of contact arrangement should be in place with absent parents, whether there are disputes to be resolved about where a child should be educated or issues concerning a change of residence, name or health concerns.

These are called Section 8 orders and can be obtained from the court in the absence of agreement.

Residence

This type of order specifies who the child should live with and occasionally the court will consider whether joint residence is appropriate i.e. where the child’s residence i.e. day to day care is to be shared between parents perhaps on an equal basis.

Contact Orders

Such orders can formulate arrangements in respect of contact between children and the absent parent and can be made even where contact is taking place should disputes have arisen over certain arrangements, for example contact over Christmas arrangements etc.

Specific Issue Orders

These orders consider specific issues that may affect a child. For example if a decision is made unilaterally by one parent changing a child’s school to another and the other parent does not consider such a change to be in the child’s best interest; decisions concerning medical treatment may become an issue requiring the court’s intervention.

Prohibited Steps Orders

These orders can prevent a parent with care from taking certain steps in the absence of agreement with the other without the court giving leave i.e. permission in the first instance. Such an order can relate to a change of a child’s surname, or removal of a child out of the area and on occasions to a different country.

Specific Issue and Prohibited Steps Orders often involve emergency court proceedings as sometimes action has to be undertaken swiftly to maintain the status quo until the court has had an opportunity of investigating matters, possibly following a referral to Cafcass (Children and Family Court Advisory Support Service) and the making of orders possibly on an interim basis until a final order has been made.

Parental Responsibility Order

A Parental Responsibility Order provides an absent parent with the legal status of being the child’s parent, if they were not married to the mother nor is their name is registered on the child’s birth certificate. Parental responsibility means that both parents have all the necessary rights, powers and authority in respect of their children.