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From time to time parents, step-parents or others who hold parental responsibility for a child may disagree on certain decisions that need to be made in relation to that child.
Common issues that can arise between those who share parental responsibility include:
In the event that those who share parental responsibility are unable to agree, they can attempt to resolve the issue through:
In the event the matter still cannot be agreed or where there is some urgency, an application may be made to the court for a Specific Issue Order.
An application for a Specific Issue Order is governed by Section 8 of the Children Act 1989. When the court is presented with such an application it will start by considering three main principles;
The court will have regard to the child’s best interests and will apply the ‘welfare checklist’.
In some circumstances more weight will be attached to one factor above the others, and in circumstances where the court is presented with an application relating to the change of a child’s name or permanent relocation both within and outside England and Wales, additional factors will apply.
Specific Issue Orders can relate to a one-time event, such as taking a child abroad on holiday, or to long-term issues that will have an ongoing effect on the child such as relocating to a new area.
If you are experiencing a dispute concerning an important decision in your child’s life, at Birkett Long we have a team of Family Law Specialists to help and guide you. Get in touch with a member of our team in Basildon, Colchester or Chelmsford to find out more.