Usually when parents separate, divorce of dissolve a civil partnership, both parents have Parental Responsibility for their child or children – which may mean that even if a divorce or separation is settled harmoniously, further disputes may occur over choice of school or choice or religion.
When there is a specific issue that parents are in dispute over, matters can escalate quickly and it is important to seek legal help before the issue impacts on family relationships.
The courts will always put the welfare of a child first – but in cases where parents cannot reach agreement over a specific issue such as choice of school it is possible to apply to the court under the Child Act 1989 for a Specific Issue Order, which one parent or both parents can apply for separately.
A Specific Issue Order can help bring about resolution in a range of different circumstances, as well as parental disputes over choice of school – including whether a child should be brought up in a particular faith, or when there is dispute over medical treatment for a child.
A Specific Issue Order can also be applied for if one parent wishes to take the child abroad against the other parent’s wishes.
With Specific Issue Orders, parents must be aware that the matter will be handed over to the family court – and a ruling will be made in the best interests of the child and not the parents.
In cases where agreement cannot be reached between a couple in a specific issue dispute, Duncan Lewis can also arrange Family Mediation to help both parties work through the issues and reach a solution, without recourse to the courts.
The courts will always take into account the welfare of the child so working through any differences within lawyer supported Family Mediation can help avoid traumatic court action.
Both parents can appoint their own Duncan Lewis child care lawyer to give independent legal advice at every stage of the mediation process – Duncan Lewis’ own Mediators include Resolution qualified Professional Practice Consultants.
Duncan Lewis is ranked by the Legal 500 2014 for its Family & Matrimonial work – and the Duncan Lewis team includes Advanced Members of the Law Society’s Family Panel, and members of the Law Society Children Panel – so our team is well placed to help you with any specific issue disputes.
Duncan Lewis Solicitors can advise you in relation to Specific Issue Disputes (Choice of School). Duncan Lewis Solicitors have specialist solicitors who represent parents, family members and children within this area of law. Our solicitors, trainees and caseworkers also speak a range of languages to assist clients where required with any language barriers.
Duncan Lewis is recommended by The Legal 500 legal directory for its specialism in all aspects of family and children law nationwide and cross-border. The Legal 500 applauds our family and child care solicitors to be a team of lawyers that are ‘friendly professionals who take their time to understand your case’. Duncan Lewis team includes Advanced Members of the Law Society’s Family Panel, and members of the Law Society Children.
Depending on the application, legal aid may be available and you can be assessed for this prior to the matter being taken on. Alternatively, a quote for a fixed fee or the hourly rates of a legal representative may also be provided. You will be advised of the funding arrangements prior to the proceedings commencing.
For expert legal advice on all family and childcare matters, contact Duncan Lewis Solicitors on 033 3772 0409.