Where there are contentious issues arising in respect of important decisions in relation to a child’s welfare, and those with parental rights and responsibilities are unable to agree, the Court can be asked to make a decision in respect of a specific issue. When dealing with such a sensitive area of law, it is vital that you gain specialist advice from a family lawyer. Get in touch with our team today on 0141 429 8166 and see how we can help you.
Some examples of specific issues on which the Court are asked to deliberate are:
The court may make such an order where the child is below 18.
The court will have regard to the welfare of the child as its paramount consideration and will operate on the “no order principle”. That is, it is bound not to make any order unless it is satisfied that it is better to make an order than that none should be made.
Such orders will deprive a person of his parental responsibilities and rights only in so far as it is necessary to give effect to the order. That is, a person is not deprived of his existing parental rights, he is bound only not to act in any way which is incompatible with the order.
Any person with parental responsibilities and rights may seek a specific issue order, but it is also open to anyone who claims an interest in the child to seek such an order. Examples include siblings, other relatives or medical practitioners. The child himself may seek an order to remove a parent from decision making on a specific matter so long as he has legal capacity. Local authorities are unable however to seek such an order.
At Livingstone Brown we have vast experience in both applying for and opposing specific issue orders. In the area of relocation in particular, we have an extremely high success rate in opposing the child being relocated. Having a firm understanding of the issues which will be considered by the Courts in such cases makes our family lawyers best placed to either assist you in applying for a specific issue order or, alternatively, to assist you in opposing any order. Call us today on 0141 429 8166 or complete our online contact form.
Livingstone Brown is a leading firm of Scottish solicitors. Based in Glasgow, but dealing with cases around the country, the firm has been at the forefront of legal service provision for over thirty years.
If you have a legal problem, getting good quality legal information at the earliest stage can be invaluable. The firm offers a free initial enquiry service; all you have to do is call in, telephone, or e-mail. You won't be charged for your enquiry; we'll let you know by return whether we can help, what we can do, and how much it's likely to cost. We can also offer legal aid where available.
Led by former senior partner Gerard Brown CBE, who continues as a consultant, the firm has built up an enviable reputation for quality of service and client care.
The firm has won various awards over the years. In the 2019 edition of the prestigious Legal 500 rankings Livingstone Brown was ranked as a 'top-tier' firm for general criminal work, and is also recommended for fraud cases. Stuart Munro and Gerard Brown were named as 'Recommended Lawyers'. In the Chambers directory the firm has a Band 1 ranking for criminal work, and Stuart Munro is a ranked financial crime lawyer. The firm was named Criminal Defence Firm of the Year and Family Law Team of the Year at the Scottish Legal Awards 2019.