When the parents of a child or people with parental responsibility for a child can not agree on a specific issue relating to the child then an application can be made to the court under S8 of the Children Act 1989 in respect of that issue.
The most usual specific issue applications relate to the children’s schooling or a change of the child’s name. Some of the more widely heard of cases have related to medical treatment of a child when the parents are not in agreement.
The application should only be made once mediation has been attempted, unless there is an exemption to mediation due to domestic abuse, ongoing criminal proceedings or urgency in respect of the safety of the child in question. The application is C100 with a C1A if you have alleged or raised domestic abuse or welfare concerns. The application should be filed at the family court where the child resides.
The court will consider the application and its urgency, if necessary. The case will be allocated to the appropriate court and CAFCASS will be requested to prepare a safeguarding report prior to the first hearing.
When considering any application relating to a child then courts paramount concern must be the child’s welfare. The court will consider several factors all of which you should address specifically to the details of your application and these are set out in Schedule 1 of the Children Act and know as the “welfare checklist”:
- The wishes and feelings of the child, taking into account their age and understanding
- Physical, emotional and educational needs of the child
- The likely effect of any change of circumstances
- Age, sex, background
- Any harm that the child has suffered or is likely to suffer
- The capability of each parent, or any other person the court feels relevant, of meeting the child’s needs
- The range of powers available to the court
The court will consider all of the above in line with any witness statements or evidence filed and if ordered, the recommendations within any report made by the allocated CAFCASS officer in your case.
Upon making its decision an Order will be made clearly setting out what the court has decided in respect of the specific issue.
If you have similar issues or are facing family court proceedings alone please contact us via info@fl-ps.co.uk or call 02081 430730.