A Specific Issue Order is a court order that allows the Family Court to decide a particular question about a child’s upbringing when parents or those with parental responsibility cannot agree. Common disputes involve education, medical treatment, religion, holidays abroad, passports or a change of surname. This article explains what a Specific Issue Order is, when it may be needed, how to apply, and what parents can expect from the court process.
What is a specific issue order and when is it needed?
When it comes to family law in England and Wales, there are various types of orders that can be issued by the court to resolve disputes between family members. One of these is a Specific Issue Order, which is used to address a specific issue or disagreement between parents or other family members.
What is a Specific Issue Order?
A Specific Issue Order is a type of court order under section 8 of the Children Act 1989 that is issued by the family court to resolve a specific issue or disagreement between family members. This could include issues related to a child’s upbringing, such as where they should go to school, what religion they should be raised in, or whether they should receive a certain medical treatment.
It is important to note that a Specific Issue Order can only be issued for issues that fall within the exercise of parental responsibility for a child. There are also some limits. The court cannot use a specific issue order to decide where a child lives or who they spend time with, because those questions are dealt with by a child arrangements order. A specific issue order cannot usually be made for a child in local authority care, and it will normally end when the child turns 16 unless the circumstances are exceptional.
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When is a Specific Issue Order Necessary?
A Specific Issue Order may be necessary in a variety of situations, including:
- When parents are unable to agree on where a child should go to school
- When there is a disagreement about a child’s religious upbringing
- When one parent wants to take a child on holiday abroad or move to a different country with them and the other parent does not agree
- When there is a disagreement about a child’s medical treatment, such as whether they should receive a certain vaccination or undergo a specific procedure
- When parents disagree about a passport for the child or about changing the child’s surname
In these situations, a Specific Issue Order can be sought to resolve the dispute and provide a clear decision on the matter.
How does a Specific Issue Order relate to a Child Arrangement Order
A Specific Issue Order and a Child Arrangement Order are two different types of orders in family law but they are related.
A Specific Issue Order is a court order that is used to resolve a specific issue or dispute between parents or other parties with parental responsibility for a child. It is sought when there is a disagreement about a particular aspect of the child’s upbringing or care, such as education, religion, medical treatment, or travel.
On the other hand, a Child Arrangements Order is a court order that determines with whom a child will live and how much time they will spend with each parent or guardian. It is obtained when parents are unable to agree on the arrangements for their child’s care and residence.
So, while a Specific Issue Order focuses on resolving a specific dispute, a Child Arrangement Order is broader and deals with the overall living arrangements for the child.
In some cases, a Specific Issue Order may be sought in the same proceedings as an application for a Child Arrangement Order. For example, if there is a dispute about which school the child should attend, this specific issue may be decided alongside the arrangements for where the child lives.
It is important to note that both types of orders are made by the family court and are based on what is deemed to be in the best interests of the child.
Specific Issue Orders vs Prohibited Steps Order
A Specific Issue Order and a Prohibited Steps Order are both types of court orders in family law, but they serve different purposes.
A Specific Issue Order is issued by the court to determine a specific issue or dispute between the parties involved as outlined above.
On the other hand, a Prohibited Steps Order is issued to prevent a certain action that a parent could otherwise take in exercising parental responsibility. It is used to prohibit a specific action rather than resolve a dispute or determine an issue. For example, a Prohibited Steps Order may be issued to prevent one parent from taking the child abroad without the consent of the other parent.
Both types of orders can be enforced if one party fails to comply. An application can be made to the court for enforcement against the non-compliant party, and the court may take further action to ensure compliance. Failure to comply with a court order can result in penalties or consequences for the non-compliant party, including proceedings for contempt of court.
How is a Specific Issue Order Obtained?
In order to obtain a Specific Issue Order, an application must be made to the family court on form C100, normally with the help of a family law solicitor. The court fee is £270. This can be done by either parent, a guardian or special guardian, a step-parent with parental responsibility, or anyone named in a child arrangements order as a person the child lives with. Other people, such as grandparents, need the court’s permission to apply.
The application must include details of the specific issue that needs to be resolved, as well as any evidence or supporting documents that may be relevant to the case. The court will then consider the application and make a decision based on what is in the best interests of the child.
The Role of Mediation
Before making an application for a Specific Issue Order, you must usually attend a Mediation Information and Assessment Meeting (MIAM), unless an exemption applies, for example because the matter is urgent or there is evidence of domestic abuse. Mediation involves both parties meeting with a trained mediator to try and reach an agreement on the issue without involving the court.
Mediation can be a more cost-effective and less stressful option for all parties involved and it is often encouraged by the court before making an application for a Specific Issue Order. However, if mediation is unsuccessful or not appropriate in the situation, then an application for a Specific Issue Order can be made.
The Court Process
Once an application for a Specific Issue Order has been made, Cafcass carries out safeguarding checks and the court will schedule a first hearing to consider the case, ordinarily around five weeks after the application is issued. Many disputes are resolved or narrowed at this hearing. Both parties will be required to attend hearings. Children do not usually attend court. Their wishes and feelings are normally put before the court by Cafcass.
If the case does not settle, the court will give directions, for example for statements or a Cafcass report, and list a final hearing. During the final hearing, both parties will have the opportunity to present their case and provide any evidence or witnesses to support their position. The court will then make a decision based on what is in the best interests of the child.
Factors Considered by the Court
When considering a Specific Issue Order, the court treats the child’s welfare as its paramount consideration and takes into account the “welfare checklist” in the Children Act 1989:
- The child’s wishes and feelings: considered in light of the child’s age and understanding.
- The child’s needs: their physical, emotional and educational needs.
- The likely effect of any change: The court will evaluate how the specific issue being considered will impact the child’s overall well-being and development. They will consider any potential benefits or risks associated with the decision.
- The child’s age, sex, background and any relevant characteristics.
- Harm: any harm the child has suffered or is at risk of suffering.
- Each parent’s capability: how capable each parent, and anyone else relevant, is of meeting the child’s needs.
- The range of orders available to the court.
It is important to note that each case is unique, and the court will consider all relevant factors before making a decision on a Specific Issue Order.
What Happens After a Specific Issue Order is Issued?
Once a Specific Issue Order has been issued, both parties are legally bound to comply with the decision made by the court. This means that the child must be raised in accordance with the terms of the order, and any decisions made by the court must be followed.
If one party fails to comply with the Specific Issue Order, the other party can apply to the court for enforcement. This may result in the non-compliant party facing penalties or consequences for not following the court’s decision.
Dealing with Non-Compliance
When one party fails to comply with a Specific Issue Order, the other party can take legal action by applying to the court for enforcement. This means that if the court has issued a specific order regarding a particular issue related to the child, such as which school they should attend, both parties are legally obligated to follow that decision.
If one party fails to comply with the Specific Issue Order, the other party can bring the issue back to court. Unlike a child arrangements order, a specific issue order is not enforced by unpaid work or compensation orders. Instead, the other party can apply for the person in breach to be found in contempt of court, which can lead to a fine or imprisonment. The court may also take further action to ensure compliance. The non-compliant party may face penalties or consequences for not following the court’s decision. These consequences can vary depending on the specific circumstances of the case and the severity of the non-compliance.
It is important for both parties to understand the consequences of not complying with a Specific Issue Order. Failure to comply can not only result in legal consequences but also affect the overall well-being and stability of the child involved. It is advisable to seek legal advice from a family law solicitor if you are facing non-compliance or if you need assistance in enforcing a Specific Issue Order.
You may also be interested in:
What is a Child Arrangement Order
Understanding the Prohibited Steps Order
The Relocation Order: How to Make an Application to Relocate a Child
Child arrangement order solicitors
Frequently Asked Questions
What is a Specific Issue Order?
A Specific Issue Order is a court order made under the Children Act 1989 that resolves a specific disagreement about a child’s upbringing. The order allows the court to decide an issue that parents or those with parental responsibility cannot agree upon, such as schooling, medical treatment, religious upbringing, overseas travel, or other important decisions affecting the child.
How do I apply for a Specific Issue Order?
You can apply for a Specific Issue Order by submitting a C100 application to the Family Court. In most cases, applicants must attend a Mediation Information and Assessment Meeting (MIAM) before making an application unless an exemption applies. Tyrer Roxburgh can advise on whether mediation is required and assist with preparing and presenting your application.
How long does a Specific Issue Order take?
The timescale varies depending on the complexity of the dispute and whether the application is contested. Many applications take several months to reach a final hearing, and the court may require statements, safeguarding checks, Cafcass involvement, or additional evidence before making a final decision. Urgent applications can sometimes be considered within days where there is a genuine risk of harm or an imminent decision that must be made.
How much is a Specific Issue Order?
The court fee for a C100 application is currently £270, although fee remission may be available for those who meet the eligibility criteria. In addition to the court fee, there may be legal costs if you choose to instruct a solicitor. Tyrer Roxburgh can provide clear information about likely costs and funding options before proceedings begin.
Who can apply for a Specific Issue Order?
A parent, guardian or special guardian, a step-parent with parental responsibility, or anyone named in a child arrangements order as a person the child lives with can apply. In some circumstances, other individuals who have a significant involvement in the child’s life, such as grandparents, may also be able to apply, although they will first need permission from the court.
Can a Specific Issue Order be challenged?
Yes. A party may be able to appeal a court decision in certain circumstances, although permission to appeal is often required. Alternatively, if circumstances change significantly after the order is made, it may be possible to apply to the court for a variation or further order.
How long does a specific issue order last?
Many specific issue orders decide a one-off question, such as which school a child should start at or whether a passport can be issued, so they have done their job once acted on. An order with continuing effect usually ends when the child turns 16, unless the court decides the circumstances are exceptional.
What happens if we can’t agree on our child’s school?
Choosing or changing a school is an important decision that parents with parental responsibility should agree on. If you cannot agree, even after mediation, either parent can apply for a specific issue order asking the court to decide, or a prohibited steps order to stop a change of school until the court decides.
Can I change my child’s surname without the other parent’s agreement?
No. You need the agreement of everyone with parental responsibility, or the court’s permission. If the other parent does not agree, you can apply for a specific issue order. The court will decide based on the child’s welfare.
Can I get a specific issue order for a child’s passport?
Yes. If the other parent objects to a passport or a trip abroad, the court can make a specific issue order allowing the application or the travel. See our guide to a court order for a child passport.
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About the Author
Vasoulla Constantinou is a partner at the firm and Head of Family Law. She is a SRA regulated family law solicitor with over 20 years of experience and has been awarded a specialist accreditation by Resolution, an organisation committed to the constructive resolution of family disputes in a non-confrontational manner. Vas advises clients on all matters relating to family law including divorce, financial issues and child law. For more information visit her full profile.
