What is Specific Issue Orders?

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.

What Is a Specific Issue Order?

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:

  • Which school the child should attend
  • Whether the child should receive a particular medical treatment
  • Religious matters or cultural practices affecting the child’s welfare

The overarching principle is to ensure the decision aligns with the child’s best interests, as assessed by the court.

Who Can Apply for a Specific Issue Order?

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.

Examples of People Who Might Apply

  • Parents: Biological or adoptive, wishing the court to decide on a specific matter (e.g., choice of secondary school).
  • Step-parents: Those who have acquired parental responsibility or seek permission from the court.
  • Legal guardians: Appointed to oversee a child’s welfare, requiring clarity on certain issues (e.g. medical procedures).
  • Named Individuals on a Child Arrangement Order: Grandparents or relatives who hold a Child Arrangements Order.

How Long Does a Specific Issue Order Last?

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.

Specific Issue Orders vs Prohibited Steps Orders

Specific Issue Order

  • Grants permission for a certain course of action regarding a child.
  • Used, for example, to agree on medical treatment, educational choices, or religious considerations.

Prohibited Steps Order

  • Prevents one party from taking particular actions without the consent of the court or the other parent.
  • Used to restrict changes, such as removing a child from the UK, altering their surname, or withdrawing them from school.

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”).

Need Advice on Specific Issue Orders?

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.

Your Questions, Answered

FAQs

Specific Issue Orders FAQs

1. When are Specific Issue Orders used?

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.

2. What are some examples of Specific Issue Orders?

Specific Issue Orders can cover various family disputes, including:

  • Choosing a child’s school
  • Changing a child’s name
  • Vaccinations or other medical decisions
  • Deciding how far contact with certain individuals should be prevented
  • Setting rules for travel or holidays with the child
  • Determining arrangements for clubs and extracurricular activities

3. How can I apply for a Specific Issue Order?

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.

4. What is the procedure for obtaining a Specific Issue Order?

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.

  • Safeguarding Checks: After the application is issued, a Children and Family Court Advisory and Support Services (CAFCASS) officer will speak to both parties, do initial checks, and provide a short report to the court.
  • First Hearing (FHDRA): A Judge or Magistrates will review the CAFCASS safeguarding information and encourage an agreement.
  • Further Directions: If no agreement is reached, the court may order CAFCASS to prepare a more detailed report, typically taking around 12 weeks.
  • Final Hearing: If the issue remains unresolved after a Dispute Resolution Appointment (DRA), the court will hold a final hearing. There, evidence from each party, the CAFCASS officer, and any relevant experts is considered before a legally binding decision is made.

5. How does the court decide what action to take?

Decisions are always made with the child’s welfare and best interests in mind. Under the Children Act 1989, judges consider:

  • The wishes and feelings of the child (relative to their age and understanding)
  • Physical, emotional, and educational needs
  • Impact of any proposed change in the child’s circumstances
  • Relevant characteristics (age, sex, background)
  • Any risk of harm (current or past)
  • Each parent’s capability to meet the child’s needs

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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