Children’s name and schooling

Most applications to Court involve the child’s arrangements and where children should live but there are circumstances upon which parents disagree and the Court will need to make a decision.

If both parents have Parental Responsibility neither view takes precedence over the other.

These can include but are not limited to, where the child will go to school, what religion they will follow, what their name will be and whether certain medical treatment should go ahead.

There are various applications which may need to be made depending on the event.

Prohibited steps

This would be made by a parent who wants to prevent the other parent from doing something.  A prime example of this includes where one parent wishes to relocate and take the child out of school to do so. Prior to them leaving, the other parent can apply for a prohibited steps Order which will stay in place until such time that the substantive matter, where the child should live, is resolved.

Specific issue

Conversely, this application is made when a parent wants to do something with the child and the other opposes.

Examples include where one parent would like the child to observe a certain faith and the other disagrees or if one parent chooses a holiday destination (usually a trip abroad) upon which the other parent does not agree.

One of the most common reasons for this type of application is when one parent does not have Parental Responsibility and wishes to acquire it.

When the Court is asked to make such decisions, it will take into account the Welfare Checklist but often the decisions are binary and will often lead to significant disappointment of one parent. It is therefore appropriate to take a cautionary approach when considering such matters.

The best way to try and reach an agreement with the other parent, if communication has broken down, is to try one of the alternative ways to resolve matters which should provide an improved platform for discussing, negotiating and agreeing thorny issues.

For anything further, one of our specialists would be delighted to meet you to talk through your options and answer any questions. Please contact us at any time.