Parents – Children's Law Centre

Can I take my parents to court to settle a dispute?

inico Admin — Mon, 06 Jul 2020 11:35:25 +0000

If you and your parents cannot reach an agreement about an important matter you can ask the Court to allow you to take a case.

A Specific Issue Order is a court order that deals with any specific matter related to Parental Responsibility. If you disagree with how your parent is exercising Parental Responsibility and preventing you from doing something or making you do something you don’t want to do, then it is possible to ask a court to decide what is best for you.

In order to take such a case, the court must be satisfied that you have sufficient understanding to take the case.

What if I disagree with decisions my parents make that affect my life?

inico Admin — Mon, 06 Jul 2020 11:31:20 +0000

Parents should always make decisions based on what is in your best interests. Sometimes you may feel that decisions your parents make are not what you want and you feel it is not in your best interests. You should be able to discuss the decision with your parents and your parents should listen to what you want.

Can I make decisions for myself without asking my parents?

inico Admin — Mon, 06 Jul 2020 11:27:49 +0000

In some important areas such as accessing advice about sexual health or contraception it is possible for you to receive confidential help and support. The health professional who is helping you will have to be satisfied that you are mature enough to understand all the implications. This is sometimes referred to as being ‘Gillick’ competent.

‘Gillick’ was a landmark UK legal case about whether or not a young person under 16 could receive contraceptives if they consented themselves to receiving them rather than their parents. The Courts decided that a young person with sufficient understanding (mature enough) about contraception or other matters could indeed consent in their own right.

What is Parental Responsibility?

inico Admin — Mon, 06 Jul 2020 11:25:27 +0000

Parental Responsibility is all the rights, duties and responsibilities that a parent has for their child.

When you are very young your parents make your decisions for you but as you get older and more mature you develop the capacity to make your own decisions. Parental Responsibility for a small baby is very different from Parental Responsibility for a 16 year-old.

By the age of 16 a young person is able to make most decisions for themselves including things like leaving home, leaving school and getting a job. Although parents will still have a say in decisions it is more like advice and guidance to help you make good decisions.

How much contact can I expect to have with a parent or my brother(s) and sister(s)?

inico Admin — Mon, 06 Jul 2020 10:58:14 +0000

There are no specific rules on this and each family has its own particular circumstances but it should allow you to have a meaningful relationship with all your family. It is usually a matter for you and your parents to decide.

If you do not feel you are seeing enough of one of your parents or your brothers and sisters, or you don’t feel that people are listening to what you want, then you could go to court for a Contact Order which will set out the amount of contact you should have.

I don’t have contact with my parent/family members. How do I get to see them?

inico Admin — Mon, 06 Jul 2020 10:56:49 +0000

When parents and children live apart, family contact is usually arranged by parents but you are entitled to have regular contact with all your family.

Your wishes and feelings are very important and you have a right to have a say about contact. If you and the adults involved in decisions cannot agree on contact arrangements then you could go to mediation to help resolve any disagreement, or you could go to court for a Contact Order in order to see your parent/brothers and sisters.

If my parents separate, can I choose who I live with?

inico Admin — Mon, 06 Jul 2020 10:53:50 +0000

When parents separate it can be a very difficult time for everyone in the family. Parents should always do what is best for their children and this includes deciding which parent the children should live with and maintaining good relations between children and the parent they don’t live with.

Your wishes and feelings should be considered when these decisions are being made. As a teenager your wishes and feelings should carry a lot of weight and if parents can’t agree on things and a court is asked to decide, the court will always have your wishes and feelings as the first thing they consider.

Older teenagers should be able to decide for themselves which parent they live with and how much they see of the other parent. It’s important that children maintain a meaningful relationship with both their parents.

Will the school tell my parents that I have been suspended?

inico Admin — Mon, 22 Jun 2020 09:46:11 +0000

When you are suspended, the Principal must write to your parents/carers immediately. They must also write to the Education Authority and the Chairperson of the Board of Governors, or if it is a Catholic Council Maintained School (CCMS), the local diocesan office, and give reasons for your suspension.

The Principal should also invite your parents/carers to the school to discuss the suspension.

If the Principal decides to extend your suspension they must again write to your parents/carers.

Do my parents have to be there when the Police search me?

inico Admin — Fri, 15 May 2020 14:59:52 +0000

You can be stopped and searched without your parents being present or another adult.

The police are not required to tell parents or carers that a search of their child has taken place.

Can I stop being in care and move back in with my family?

inico Admin — Thu, 14 May 2020 14:56:12 +0000

A Care Order lasts until you are 18. However, you can go to the court to ask for the judge to stop the order. Taking a child into care should normally be a temporary measure and should be stopped as soon as it is possible to do so. The Court is responsible for making sure that they try to reunite you with your family and enable regular contact as long as it is in your best interest.