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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33949
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Is it possible for a non resident parent, with parental

Resolved Question:

Is it possible for a non resident parent, with parental responsibility, to take out an injunction against the resident parent to stop a medical assessment for a disability?
Submitted: 8 months ago.
Category: Family Law
Expert:  Clare replied 8 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

Could you explain a little more about what has happened please

Customer: replied 8 months ago.
The child concerned was due to go to a disability assessment appointment. The resident parent was telephoned to be told the appointment had been cancelled because the non resident parent with parental responsibility telephoned the hospital carrying out the assessment and said there was a court case pending. They contacted their governance and legal team and decided to cancel. I checked with the family court and was told there was no case pending. They then contacted the non-resident parent who then stated an injunction had been taken out to stop the medical assessment. Again when I contacted the family court there is nothing registered and I wwas told it would be a prohibited steps order anyway.
Expert:  Clare replied 8 months ago.

The only Order that oculd have been made to stop the assessment would be a Prohibited Steps Order which could have no force unless it was served on you.

I suggest that you write a letter of complaint to the hospital pointing out that had they sought the correct legal advice they would have known that unless an Order had been served it was not binding.

Ask them to reschedule the appointment as a matter of urgency

You may also need to consider making a Court Applictaion of your own for an Order preventing your ex contacting the hospital as a result of this behaviour

Please ask if you need further details

Customer: replied 8 months ago.
Thank you very much for that. am I right in thinking it would have to be served in a family court? Also would it have to be active at the time of the appointment?
Expert:  Clare replied 8 months ago.

It would have to be served personally on you - and prior to the appointment

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33949
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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