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Why would a SRO be rejected?

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21 Apr 12 #325513 by Joe2020
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Fiona wrote:

There is no statute to prevent a parent from acting unilaterally in most circumstances. If the other parent disagrees with an important decision or action relating to PR it is open to them to apply to court for a s8 order to regulate PR.



So can the NRP change a childs doctor?

An S8 order is just a contact order?Right?

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21 Apr 12 #325533 by Fiona
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Again a SRO is just symbolic so in that case why are so few fathers awarded this?


I don''t know the current statistics but a few years ago the outcome of 25% of residence applications was shared residence which isn''t an insignificant number.

So that should mean much harder for RP to move child abroad or somewhere long distance within the UK?


Not necessarily. The courts consider the reality of the situation. When there is no court order and the de facto arrangement is 50:50 shared care a judge may well decide it is in the best interests of a child not to disrupt schooling or relationships with friends and extended family to stay with the parent who isn''t moving. On the other hand even if there is a SRO it is an uphill struggle preventing a parent with the majority of care moving with the child because it isn''t considered in the child''s welfare to disrupt the established bond with a parent with the majority of care.

So can the NRP change a childs doctor?



An S8 order is just a contact order?Right?



s8 orders include Residence , Contact , Prohibited Steps and Specific Issues. If there is disagreement about an important matter relating to PR either parent can apply for a Specific Issue Order to settle the dispute or a Prohibited Steps Order to prevent something from happening or to change something back to what was in place before.

The court''s overriding consideration when making an order is the best interests of the children . Everything else being equal it is unlikely that the children will be expected to travel to school, doctors etc somewhere impractical from their main home.

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21 Apr 12 #325545 by Joe2020
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Fiona wrote:

Again a SRO is just symbolic so in that case why are so few fathers awarded this?

1
I don''t know the current statistics but a few years ago the outcome of 25% of residence applications was shared residence which isn''t an insignificant number.


2
On the other hand even if there is a SRO it is an uphill struggle preventing a parent with the majority of care moving with the child because it isn''t considered in the child''s welfare to disrupt the established bond with a parent with the majority of care.

3
If there is disagreement about an important matter relating to PR either parent can apply for a Specific Issue Order to settle the dispute or a Prohibited Steps Order to prevent something from happening or to change something back to what was in place before.


1/So thats the majority 75% who have failed in their bid to get a SRO.

2/Ok,so another way not to disrupt the established bond is for the mother to stay where she is? What about the established bond with the father?
Basically then a NRP with a SRO and contact order can do little to stop the children being moved far away?

3/Its a lot to go through just to change a doctor back to the original.In my case I don;t object to a new doctor/surgery but i object to not even being consulted.

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