When parents separate and cannot agree on important decisions concerning their children, Specific Issue Orders can offer a legal pathway to resolve the dispute. Below, we explore what these orders involve, who can apply, and how they fit alongside other legal measures such as Prohibited Steps Orders.
A Specific Issue Order is a type of court order granted by the family court to address a particular question or disagreement relating to child arrangements. Typically, it’s used when parents (or others with parental responsibility) cannot reach an amicable agreement about aspects of the child’s upbringing. For instance:
The overarching principle is to ensure the decision aligns with the child’s best interests, as assessed by the court.
Parents, step-parents, legal guardians, or anyone holding parental responsibility can make an application. In some circumstances, individuals without parental responsibility may also apply if the court grants them permission.
Generally, a Specific Issue Order remains in effect until the child turns 16. However, in exceptional circumstances, the court may set it to last until the child is 18. Alternatively, the court can decide that the order only applies for a fixed duration, especially if the matter in dispute has a limited timeframe—such as a one-off medical procedure.
Although both are forms of Child Arrangements Orders, they serve different purposes. A Specific Issue Order seeks a positive directive (“Yes, you may do X”), whereas a Prohibited Steps Order imposes limitations (“You must not do Y”).
At HM & Co. Solicitors, our child law specialists regularly assist parents and guardians with Specific Issue Orders, helping them navigate the process and present their case to the family court. We understand these decisions can be emotionally challenging, and we aim to provide clear, compassionate guidance tailored to you and your child’s needs.
Contact HM & Co. Solicitors
186 Lower Road
Surrey Quays
London SE16 2UN
Telephone: 02071128180
Email: info@hmsolicitorsltd.com
Whether you need help understanding your options, completing the necessary forms, or representing your interests in court, we’re here to ensure every step is straightforward and focused on the best interests of the child.
Specific Issue Orders are generally requested when separated or divorced parents cannot agree on important decisions about their child’s future (e.g. school choice, medical care). One parent can apply to the family courts, asking them to decide in the child’s best interests. The resulting decision is set out in a legally binding Child Arrangements Order, which all involved must follow.
Specific Issue Orders can cover various family disputes, including:
You can apply for a Specific Issue Order under section 8 of the Children Act 1989 by making an application to the Family Court. We strongly recommend seeking legal advice before proceeding—our specialist child law solicitors can guide you through the process, clarify options for reaching an agreement without court intervention (if possible), and represent you when court intervention is unavoidable.
In most cases, both parents must attend a Mediation Information and Assessment Meeting (MIAM) to see if mediation could resolve the dispute. If mediation fails or is deemed unsuitable, you can file an application for a Specific Issue Order with the Family Court.
Decisions are always made with the child’s welfare and best interests in mind. Under the Children Act 1989, judges consider:
Need More Information?
If you’re thinking about seeking a Specific Issue Order or need advice on child law, our team at HM & Co. Solicitors can help:
HM & Co. Solicitors
186 Lower Road
Surrey Quays
London SE16 2UN
Telephone: 02071128180
Email: info@hmsolicitorsltd.com
We’re here to ensure the best outcome for you and your child—whether by aiming for amicable agreement or guiding you through the court process when necessary.
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