Parental Alienation
Parental Alienation is a real thing and is well recognised in the family courts as something that ha...
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As a parent, you might find yourself in an unpleasant situation where you cannot agree with the other parent in respect of your parental responsibilities. These might be issues on which school the child should attend, what religion they should be raised in, what medical treatment they should get and so on.
Where it is not possible to reach an agreement, there are legal instruments that can be used to assist you. You do not need to be a parent separated from the child’s other parent to use these tools. Unfortunately, such disagreements can also arise in families that are still cohabiting.
At RVS Solicitors, our family law team will provide expert, quick, and meticulously researched advice about applying for a Prohibited Steps Order (PSO) and Specific Issues Order (SIO).
We are members of Resolution and follow their Code of Practice which focuses on resolving family disputes in a non-confrontational and peaceful way. This is especially important when making applications for a PSO or an SIO, as family relationships may already be strained. Our family solicitors will advise you in a way that preserves or seeks to repair family relations rather than inflame conflict.
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A person who has parental responsibility can make decisions around where a child lives, where they go to school, the medical treatment they receive etc. If a dispute arises regarding the exercise of parental responsibility, the successful application for a PSO can prevent one parent from making and acting on a certain decision. For example, if one parent decided to relocate within the UK for a work opportunity, the other parent could apply for a PSO preventing the child from leaving the area.
Other reasons a PSO application may be made include preventing the other parent from:
As with Prohibited Steps Orders, the Specific Issue Order requires the Court to decide on a particular issue that those with parental responsibility are disputing. The difference is that the person seeking Specific Issue Order wishes to undertake a course of action that the other parent is prohibiting. For instance, these orders can be used if you wish for your child to:
The court cannot make an SIO or PSO in any of the following situations:
The following can apply for a PSO or SIO:
If you do not fall into one of these categories, you will need to apply for permission from the Court to make an application.
Our child law Solicitors will quickly advise you if you have the right to apply for a PSO or SIO and if permission from the Court needs to be sought, we will make it for you.
An applicant is normally required to attend a Mediation Information and Assessment Meeting (MIAM) before they are permitted to apply to Court. At these meetings, a mediator discusses the dispute with each party and assesses whether other forms of dispute resolution (such as family mediation, collaborative law or arbitration) can assist in resolving the dispute.
If the application for a PSO is urgent, the requirement to attend a MIAM is normally waived.
A PSO and an SIO can be made ex-parte, that is without notifying the other parent. However, good reasons must be provided to the Court.
We can prepare a statement setting out the reasons for an urgent, ex-parte application and advise you on what to do if the other parent applies to set the order aside.
Rakhi and her team will provide you with the expert guidance and representation required to make a PSO or SIO application. You can contact us in strict confidence on 020 3372 5125 or complete our online enquiry form to make an appointment.
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Our solicitors specialise in all matters concerning family law including child law and divorce. For more advice or a free assessment call 020 3372 5125 or complete our online enquiry form.
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