How can I resolve disagreements about specific issues to do with our children?

If you and your ex are having difficulty reaching an agreement about a specific matter affecting your child, you can try to reach a resolution in various ways.  For example, mediation (see my previous blog for more information), joint counselling, or speaking to a lawyer can help.

If things reach a stalemate, the family court can intervene by making a Specific Issue Order (SIO) under Section 8 of the Children Act 1989.

Commons reasons to apply for an SIO include:

• Education: Disagreements about which school a child should attend.

• Relocation: Moving a child to another part of the UK or abroad.

• Medical treatment: Disputes over whether a child should undergo a specific medical procedure.

• Religious upbringing: Conflicts over the child's religious practices or participation in ceremonies.

• Holidays: Parents not agreeing to a child going abroad with their other parent.

To make an application for an SIO, form C100 will have to be completed. This is filed at the court nearest to where the child lives. A fee will be payable unless you qualify for a waiver.

Before making this application, you will have to attend a MIAM (unless you fit one of the exemptions). A MIAM stands for Mediation Information and Assessment Meeting. It is conducted by an authorised family mediator and held to provide information about the following:

·       Mediation of disputes that relate to relevant family applications.

·       Ways in which disputes relating to relevant family applications can be resolved other than by the court.

·       The suitability of mediation or any other way of resolving disputes to which the relevant family application relates.

MIAMs take around 45 minutes and cost around £120. Some mediators are able to do them remotely.

Once the C100 has been filed, the usual process is for the case to be allocated either to a Judge or to Magistrates, and for Cafcass to be asked to conduct safeguarding checks. These checks involve Cafcass investigating whether your children are known to the Local Authority or to the Police, and speaking to you and your ex to determine what the issues are, and whether either of you has any concerns about your children’s welfare (i.e. concerns about domestic abuse). Cafcass will make recommendations about the next steps the court should take.

The first court hearing is usually a First Hearing Dispute Resolution Appointment, where the court will, if possible, try to get you and your ex to reach an agreement. The less significant the issue is (for example, if it relates to a holiday abroad rather than a change of school), the more likely this is.

If an agreement cannot be reached, the court will make directions and orders for the next steps in the hearing, which might involve Cafcass or the Local Authority conducting further investigations (in private children proceedings, a common order is for Cafcass to prepare a section 7 report), for you both to file statements, for GP letters to be filed and so on. If there are allegations that need to be determined by the court, a Fact-Finding Hearing will be ordered.

Once this information has been gathered, a Dispute Resolution Appointment will be held. The court will again try to get you and your ex to reach an agreement. If you cannot (for example because one of you does not agree with Cafcass’s section 7 report recommendations), a Final Hearing will be ordered. You will likely be asked to each file a statement setting out your final position.

At the Final Hearing, you and your ex may be asked to give evidence on your statement, and you may be cross-examined. The Cafcass Officer involved in your case may also be cross-examined. Ultimately, the court will impose a final order that it considers is in the best interests of your children.

If you would like to speak to Polly to talk your situation through, whatever it might be, please give her a call on 07775 894 910, leave her a message by clicking on the contact box below, or email her at polly@pollyjackman.com.

Photo by Anita Jankovic on Unsplash