What are parental disputes?
A parental dispute is any disagreement between parents regarding various aspects of their child’s upbringing and welfare. These disputes can arise in any family situation such as after a relationship has broken down.
Usual parental disputes include where a child will live, or how much time a child will spend with each parent.
Other disputes can be more specific such as what medical treatment a child should receive, which school they attend, whether they are allowed to move to another country, or disputes about their name.
When parents cannot reach an agreement on these matters themselves, the law provides a mechanism for resolving the dispute in the form of Section 8 orders of the Children Act 1989.
What is a section 8 order in family law?
A Section 8 order is a set of 3 court orders under the Children Act that are designed to resolve disputes regarding arrangements for children regarding their upbringing or welfare. The different types of court orders are:
- A Child Arrangements order.
- A Prohibited Steps order.
- A Specific Issue order
Who can apply for a Section 8 order?
The following individuals can apply for a Section 8 order under the Children Act without first requiring permission from the court:
- Parents
- Stepparents
- Guardians, and individuals with parental responsibility for the child.
- Any person with whom the child has lived for at least 3 years within the last 5 years.
- Anyone holding a Residence order.
Other individuals, such as grandparents or extended family members, need to obtain permission from the court before they can apply for a Section 8 order.
What is a Child Arrangements Order?
A Child Arrangements Order is a court order that specifies where a child will live, who the child will have contact with, and how long they will spend time with each parent. It can also set out other types of contact such as through phone calls, video calls, cards, and letters etc.
This order is used in cases where parents are unable to agree on arrangements for their child following a separation or divorce. A Child Arrangements Order replaces previous terms like ‘residence orders’ and ‘contact orders‘.
How long does a Child Arrangements Order last?
A Child Arrangements Order (and other Section 8 Orders) usually lasts until a child reaches 16 years of age unless the order specifies otherwise. In exceptional circumstances, the order may be extended to last until the child is 18 years old. These may include a risk of harm, abuse, or a vulnerable child.
Any extension of a Child Arrangements Order beyond 16 must be in the best interest of the child.
Either parent can apply to vary a Child Arrangements order before it expires if the arrangements are no longer working or if there are significant changes relating to the child.
What is a Lives With Order?
A Lives With order is another name for a Child Arrangements Order that settles a child’s living arrangements. It determines which parent the child will reside with, and is responsible for their day-to-day care.
This order grants the ability to a parent to take their child out of the country on holiday for up to 28 days at a time without having to seek permission from the other parent.
What is a joint Lives With Order?
A joint Lives With Order is a type of Child Arrangements Order that specifies that a child lives with both parents, rather than just with one. The aim of a joint Lives With Order is to promote co-parenting and ensure a child maintains a strong relationship with both parents after separation or divorce.
The Order does not necessarily mean an equal split of the child’s time with both parents. The specific amount of time a child spends with each parent is tailored to the family’s needs, practical logistics, and the child’s best interests.
What is a Prohibited Steps Order?
A Prohibited Steps Order is a legal injunction issued by a court to prevent a parent or someone with parental responsibility from making certain decisions or taking specific actions regarding a child without the court’s permission.
Some common reasons for a Prohibited Steps Order include:
- Prohibiting a parent from taking a child out of the country without the court’s consent. The court may order the child’s passport to be held safely to prevent international travel.
- Preventing a parent from relocating with a child to a different area within the United Kingdom, or moving abroad without permission.
- To prevent a parent from changing schools without agreement.
- Restricting a parent from making certain medical decisions for a child.
- Changing a child’s name.
- Restricting contact between a child and a person who may pose a risk.
A Prohibited Steps Order is designed to protect a child’s welfare and best interests, and lasts until the child reaches 18 years of age.
What is a Specific Issue Order?
A Specific Issue Order is used to resolve disputes between parents or guardians regarding matters related to a child’s upbringing or wellbeing. This can include decisions about changing a child’s name, education, medical treatment, religious upbringing, or travel arrangements.
The order is designed to provide a clear resolution on a particular matter. In making its decision, the court will consider the best interests of the child.
What is a Specific Issue order to take a child on holiday?
A Specific Issue Order is a court order that grants permission for a parent to take their child abroad when the other parent with parental responsibility does not agree.
When applying for a Specific Issue Order, the Applicant must demonstrate that the proposed trip is in the child’s best interests. The court will consider factors such as:
- The purpose and duration of the trip.
- The practicalities of the trip such as travel and accommodation arrangements.
- Whether the trip will significantly disrupt the child’s education, or their relationship with either parent.
- Any potential risks or safety concerns.
If granted, a Specific Issue Order can be for a specific holiday or more generally for future travel arrangements to avoid having to make an application each time.
When is parental consent required?
Parental consent is required in the following situations:
- For medical treatment, parental consent is required for a child under 16 years of age unless the child is deemed “Gillick competent” whereby they can make their own decisions.
- School trips that involve overnight residential stays, trips abroad, or involving adventurous activities, typically will always require specific parental consent from everyone with parental responsibility for that trip.
- Most educational decisions will require parental consent.
- To change a child’s name, the consent of all individuals with parental responsibility is required until the child reaches 16.
- Taking a child outside of England and Wales requires consent from everyone with parental responsibility unless there is a court order stating otherwise.
I want to take our child abroad on holiday, but my ex will not agree – what can I do?
If you have a Court Order that says the child must live with you, you can take a child abroad for up to 28 days without getting permission.
If you do not have a Child Arrangement Order, you can make an application to the Court for a Specific Issue Order. As long as you can provide details of the trip such as the dates and specific travel details – a Court is unlikely to refuse permission to go on holiday.
The mention of a Specific Issue Order may be enough to encourage your ex to change their mind.
Do I need my ex’s permission to change our child’s school?
A parent cannot unilaterally make big decisions concerning a child’s welfare without the consent of anyone else who holds parental responsibility. This would include changes in the child’s education.
If all persons with parental responsibility cannot agree on whether to change schools, there are several options to resolve the issue:
The parties could try to reach an agreement through a form of non-court dispute resolution.
If this is unsuccessful, either parent could apply to the court for a Specific Issue Order to determine whether the child’s school should be changed. The court will consider the reasons for the request, and what is in the child’s best interests when making a decision.
A parent could also apply for a Prohibited Steps Order to prevent the other parent from enrolling the child in a new school against their wishes, until a formal decision on the dispute is made by the Court.
Can I change my child’s surname?
To change a child’s surname, a person requires the consent of everyone with parental responsibility for the child. It does not matter whether the other party is involved in the child’s life, or does not see the child.
If consent is not given, the only option is to apply to the court under Section 8 for a Specific Issue Order. The court will make a decision based on the best interest of the child.
At what age can a child change their name?
In the United Kingdom, a child can change their name without parental consent at the age of 16. At this age, the child can execute their own Deed Poll and change their name independently.
However, if there are any court orders in force that prohibit the name change, the child must wait until they are 18 years old to change their name.