What is a Specific Issue Order?

Specific Issue Orders are a legally binding option dealing with a particular issue regarding the upbringing of a child. When parents or legal guardians cannot agree on an issue via direct communication or mediation, a Specific Issue Order can be issued under Section 8 of the Children Act 1989. Decisions about a child’s schooling, religious education, medical treatment, or where they live if a parent would like to relocate, agreeing changes to a child’s name and whether the child should be vaccinated are examples where a Specific Issue Order can be used.

Anyone who has parental responsibility for the child, in most cases the child’s parent or guardian, can apply for a Specific Issue Order. Grandparents or other members of the family who have an interest in the child’s welfare may also apply for permission to make an application.

Here are some examples of where a Specific Issue Order can be used:

• Which school a child should attend or if they should be home-schooled.
• If one parent wants to move to another area of the country or abroad with the child and the other parent is not in agreement.
• Medical procedures, including vaccinations or surgery, when parents cannot agree.

It is highly recommended that you use a solicitor when applying for a Specific Issue Order. Although it is not legally required, family law can be complicated and a specialist family law solicitor will be able to advise and guide your through the process. The first step will be to submit a C100 form to the family court.

Before applying to the court, you are required to look at mediation to help resolve the dispute instead of going to court. If this is not successful, you submit a C100 form to the family court outlining the specific issue. The court sets a date for a hearing where the arguments will be presented. There may be additional hearings depending on how complex the case is. The court will make a decision based on the best interests of the child. If the court issues a Specific Issue Order it is legally binding.

This will depend on your custody arrangements. If you have a Child Arrangements Order stating that the child lives with you, you can take your child on holiday within the UK without permission from the other parent and are permitted to take the child abroad for up to 28 days. However, if there are no court orders in place, all parties with parental responsibility for the child must provide their consent to take the child abroad. If such consent is denied, then a Specific Issue Order can be applied for to grant permission for your child to be taken abroad.

Further information on this topic can be found in the following article: Do I Need My Ex’s Permission to Take My Child on Holiday?

If you cannot agree about a choice of school, would like to move your child to a new school, or remove them to be home-schooled, you should seek legal advice. Mediation is an option to discuss the issue with the help of experienced mediators. If you cannot reach an agreement, you will have to apply for a Specific Issue Order from the court.

Working with a specialist family solicitor can help ensure the best outcome, whether that be through mediation or court action. At Hawkins Family Law, our experienced team of family law solicitors will support and guide you the process of obtaining a Specific Issue Order. We’re here to help you find a resolution that works best for your child.