Decisions about your child
Separated parents who both have parental responsibility are generally expected to agree important decisions about their children. When you can’t, Rushton Family Law advises on how the disagreement can be resolved, whether by agreement or through a specific issue order or prohibited steps order.
Decisions about your child at a glance
- Parents who share parental responsibility are generally expected to agree major decisions about their child.
- Common disagreements include schooling, medical treatment, religion, a change of name and moving or travelling abroad.
- A specific issue order lets the court decide a particular question parents can’t agree on.
- A prohibited steps order stops a parent taking a particular step without the court’s permission.
- The court’s paramount consideration is always the child’s welfare.
Specialist Divorce and Family Lawyers
Rushton provides discreet representation for divorce, financial settlements, and arrangements for children. We treat every case with the care it deserves, without losing sight of what actually needs to get done.
When it really matters
Getting advice on a decision about your child
We start by understanding the decision in question and how it has reached this point. That includes what each parent wants and why, the timescale involved, and how the children’s needs and wishes fit in. We will also look at who holds parental responsibility, as that affects who has a say.
From there, we will advise you on how strong your position is and the best way to resolve the disagreement.
Decisions parents commonly disagree on
The disagreements we advise on most often include:
- Schooling. Which school a child attends, including the choice between state and independent education.
- Medical treatment. Non-urgent medical treatment and vaccinations.
- Religion. Religious upbringing.
- Change of name. Changing a child’s surname.
- Moving or travelling. Moving with a child to another area, or taking them abroad. [Link: Relocation] [Link: Holidays abroad]
Specific issue orders
Where parents can’t agree, either can apply to court for a specific issue order. The court then decides the particular question, such as which school the child will attend.
Prohibited steps orders
A prohibited steps order prevents a parent from taking a particular step without the court’s permission, such as changing the child’s school or taking them out of the country. Where there is a risk of a step being taken before the matter can be resolved, an urgent application may be possible.
Resolving disagreements without court
Many of these decisions can be agreed through negotiation or mediation, which is usually quicker and less disruptive for the children. We will recommend that route where it is realistic, and act for you at court where it isn’t. Before applying, you will usually need to attend a mediation information meeting. [Link: Alternatives to court]
In every case, the court’s paramount consideration is the child’s welfare.
Our Team
Our team of specialist family solicitors offer expert advice in proportion to what’s at stake for you. We advise on all areas of family law and bring the same care and high standard to every family we work with.
Amie Pine
Partner - Divorce & Family
Emma Shortland
Associate
Ella Perry
Assistant Solicitor
Samantha Patel
Legal Support Assistant
Reviews and testimonials
Firstly, Amie Pine. This particular solicitor is an absolute master of her craft. She's knowledgeable, caring, understandable, professional and always one step ahead
The second person I would like to mention in my review is Emma Shortland. Her knowledge of the law is incredible. Please don't let her age put you off, as upon those very young shoulders is a very wise head.
Amie was brilliant helping me through and managing my divorce financials both professionally and personally, cannot recommend enough, thanks again Amie!
I recently went through a difficult divorce, and I cannot express enough gratitude for the exceptional service provided by my solicitor, Amie Pine.
From the very beginning, Amie provided clear, concise guidance and her expertise, professionalism, and compassion made a significant difference during this challenging time.
Amie was always available to answer my questions, no matter how trivial they seemed, and provided reassurance during the most stressful moments.
Amie was not only a legal advisor but also a pillar of support, helping me navigate the emotional and financial aspects.
Thank you, Amie, for making a difficult time more manageable and for helping me move forward with my life.
Amie Pine has helped me get through a financially and emotionally challenging divorce with great empathy, expert advice and the utmost professionalism.
She is always responsive and worked quickly to ensure the matter progressed despite the other party's delays and unreasonable demands. Thank you Amie - it's been a real pleasure having you represent me.
Nicola and the team are the best support you could ask for at the most difficult of times.
As well as being knowledgeable, forward thinking, organised and hard-working, [Nicola] has empathy and goes above and beyond for her clients.
I feel safer and not alone, knowing that I have Nicola's support - securing her to act for me was a huge weight lifted. No matter what the result, I am confident that she will have secured the best outcome possible.
outstanding legal representation when it really matters
FAQs
A father with parental responsibility has the same say as the mother in major decisions about the child. There’s no automatic right to equal time, but the court starts from the position that a child benefits from both parents being involved, unless that would put the child at risk.
Cafcass is the Children and Family Court Advisory and Support Service, which represents children’s interests in family court cases in England. It carries out safeguarding checks and, where needed, prepares reports on the children’s welfare and wishes. In Wales, the same role is carried out by Cafcass Cymru.
How we work
An experienced family solicitor will run your matter from the first meeting onwards, and you will deal with them directly rather than being passed between members of a team.
Part of their job is to help you decide where your time and money are best spent. In most divorces there are points worth pressing and points that make little difference to the end result, and we will be straightforward with you about which is which.
A lot of matters are resolved through negotiation or mediation, and where that is realistic we will recommend it. Where it is not, because the other side will not engage, or disclosure is incomplete, or the issues are genuinely contested, we will advise you on taking the matter to court and act for you there.
Rushton Family Law is the sister brand of Vardags. If your case involves complex finances or international issues, we will introduce you to the Vardags team.
Request a confidential call
Please share a few details about your circumstances and one of our specialist family lawyers will contact you at a convenient time. If a telephone call is not suitable, please let us know your preferred method of contact.
