When a child is involved in a difficult dispute, a court order could be necessary to settle the matter. Here are the “specifics” on particular issue orders, regardless of whether the situation involves school, holidays, relocation, or medical intervention.
Family lawyers frequently refer to specific issue orders, but what exactly are they? A specific issue order is a court order that addresses a particular issue that has come up or could come up regarding parental rights and obligations, guardianship, management of a child’s property, or a child arrangement order. Section 11(2)(e) of the Children (Scotland) Act 1995 contains the legal provisions governing particular issue orders.
Specific issue orders typically address questions regarding to parental responsibility with a clear either/or choice, such as whether to relocate with a kid or not.
Who may submit an application for an issue order?
A specific issue order can be requested in connection to a child under the age of 18 by anyone who has parental rights and obligations for that kid. However, some people would be shocked to find that anyone with a stake in the kid, such as grandparents, siblings, other family members, or medical professionals, is free to request such an order.
What factors will the family law court consider before ruling?
What is in the child’s best interests will always be the court’s top priority. The court proceedings will consider all the facts presented to it before deciding whether or not to issue the order in the child’s best interests. The court may also consider whether making the order is preferable to making none at all. If a youngster is capable of formulating an opinion and wants to voice that opinion, the court must also take that into account.
Examples of when a child arrangement order is made
Travelling with a child or children outside of the nation
Many split parents are unaware that before travelling with their kid outside of the UK, they need the other parent’s permission (if that parent has parental obligations and rights). Of course, just that parent’s assent is necessary if only that parent or guardian has parental rights and obligations. However, it is possible to violate the Hague Convention on International Child Abduction if a person does not get the approval of both parents, or if one parent does not get the consent of the other. In the event that parents cannot agree on vacation plans, a specific issue order is necessary. Unless there is genuine concern for the kid’s safety, worry that the child won’t be returned, or the child expresses a view that they do not wish to travel and that view is deemed to be determinative, courts typically give special issue orders for vacations.
Schooling
A special issue order may be necessary when there is a disagreement regarding the school that a child should attend. This might also be a problem if one parent is adamant that their child attend a religious school while the other is adamantly opposed. Once more, the decision will be made in the child’s best interests while also taking into account their opinions.
Once more, the decision will be made in the child’s best interests while also taking into account their opinions. These are frequently extremely challenging cases for a court to decide.
Medical attention
Many people will be reminded of the thought-provoking book The Children Act, in which a judge (made famous by Emma Thomson in the film of the same name) was forced to make a life-or-death choice regarding the treatment of a teenage boy whose religious beliefs, as well as those of his parents, forbade blood transfusion. Some of the most challenging judgments a judge may have to make are whether a kid should receive medical treatment, a vaccine, or no treatment at all.
The court will consider the opposing parties’ arguments and will rely upon expert medical opinion in relation to the specific medical treatment. Again, the best interests of the child and, depending on whether the child is capable of understanding the nature and consequences of the medical treatment, some weight may be given to the child’s views.
Relocation
Where one parent wishes to relocate out with the UK and the other parent does not consent, a specific issue order will be required. And in recent cases, although relocating within the UK does not in strict law require the consent of the other parent, best practice demands that a specific issue be sought of that consent is not forthcoming. The court will make its decision based on a range of factors including, what arrangements have been made for the child’s schooling, how effectively contact be achieved between the child and other relevant people in their life including the other parent and what benefits there are to disrupting the status quo. Once more, the decision will be made in the child’s best interests while also taking into account their opinions. These are frequently extremely challenging cases for a court to decide.
Medical attention
Many people will be reminded of the thought-provoking book The Children Act, in which a judge (made famous by Emma Thomson in the film of the same name) was forced to make a life-or-death choice regarding the treatment of a teenage boy whose religious beliefs, as well as those of his parents, forbade blood transfusion. Some of the most challenging judgments a judge may have to make are whether a kid should receive medical treatment, a vaccine, or no treatment at all.
How may the need for a specific problem order be avoided?
In general, litigation should only be used as a last resort when all other options have been exhausted and rejected when it comes to arranging arrangements for children. Parents can try to come to an agreement using other methods, including as collaboration and mediation, in order to prevent the necessity to apply for a specific issue order. If consensus is obtained, a Minute of Agreement can be created to address a variety of issues, including schooling and vacations. A Minute of Agreement might give parties some assurance about how specific concerns will be handled moving ahead.
Parties can resolve high-conflict situations through mediation and collaboration in a way that is child-centred and productive. Family law mediators with specialised training can assist parents in resolving conflicts and in fostering better communication in general. However, litigation is frequently the only means of resolving disputes where specific issues are at stake.
Simplicity Legal offers a fixed-price mediation package and has a number of specialised accredited family law solicitors and trained Collaborative lawyers ready to help clients. Please get in touch with us if you have any questions about family law mediation or any of these specific problems.
