What is a Specific Issue Order?
A Specific Issue Order is a type of court order used in family law to help resolve particular disputes about a child’s upbringing when those with parental responsibility cannot agree. It is designed to address a specific question or issue relating to a child’s welfare, rather than covering broader arrangements like where a child lives or who they spend time with.
The main purpose of a Specific Issue Order is to provide clarity and a legally binding decision on a particular matter that is in the best interests of the child. For example, parents or guardians might disagree about:
- Which school the child should attend
- Whether the child should receive a certain medical treatment or vaccination
- Whether the child can be taken abroad for a holiday or to live
- What religion or faith the child should be raised in
In these situations, if discussions and mediation do not lead to an agreement, any person with parental responsibility – such as a parent, guardian, or someone named in a Child Arrangements Order – can apply to the Family Court for a Specific Issue Order. The court will consider the child’s welfare as the top priority, following the principles set out in the Children Act 1989, Section 8.
A Specific Issue Order is particularly helpful when parents or guardians are unable to reach a decision on important aspects of their child’s life. The court’s decision is legally binding, meaning everyone involved must follow the order. This can help reduce ongoing conflict and uncertainty, ensuring that the child’s needs remain at the centre of any decision.
For a more detailed explanation of how these orders work and how they differ from other types of court orders, you can read the Specific Issue Order guide, which provides practical advice and further examples.
In summary, a Specific Issue Order is a practical legal tool for resolving disagreements over key decisions in a child’s upbringing, ensuring that the child’s welfare is protected when adults cannot agree.
When is a Specific Issue Order Used?
When is a Specific Issue Order Used?
A Specific Issue Order is used when parents or guardians cannot agree on a particular aspect of a child’s upbringing. These disagreements can arise in many situations, especially after a separation or divorce, and often involve important decisions about the child’s welfare. The court steps in to resolve these disputes by making a decision that is in the best interests of the child.
Common situations where a Specific Issue Order might be needed include:
- Deciding which school a child should attend
- Determining whether a child should receive certain medical treatment or vaccinations
- Deciding if a child can be taken abroad on holiday or to live in another country
- Determining religious upbringing or participation in specific cultural practices
- Resolving disputes about changing a child’s surname
In each of these cases, a Specific Issue Order provides clear directions to settle the particular question at hand. This helps avoid ongoing conflict and ensures that decisions are made with the welfare of the child as the top priority.
How does a Specific Issue Order differ from other family law orders?
A Specific Issue Order is just one type of order available under Children Act 1989, Section 8. While it focuses on resolving a particular question, other orders serve different purposes:
- A Prohibited Steps Order prevents someone from making a specific decision about a child’s life, such as stopping a parent from taking a child abroad or changing their school.
- Child Arrangements Orders determine where a child lives and who they spend time with.
Understanding these differences is important so you can apply for the order that best fits your situation. For a detailed explanation of how Specific Issue Orders work and when they are appropriate, see Specific Issue Order.
Why is resolving specific issues important?
Unresolved disputes can create uncertainty and tension for both the child and the parents. By applying for a Specific Issue Order, you ensure that a judge considers all sides and makes a decision that protects the child’s wellbeing. The court’s main concern is always the welfare of the child, as set out in the Children Act 1989, Section 8.
If you are facing a disagreement about your child’s upbringing, seeking a Specific Issue Order can help provide clarity and stability, allowing your child to thrive without ongoing parental conflict.
How to Apply for a Specific Issue Order
How to Apply for a Specific Issue Order
If you and your co-parent or guardian cannot agree on important decisions about your child’s upbringing – such as where they should go to school, whether they should receive certain medical treatment, or if they should travel abroad – you may need to apply for a Specific Issue Order. Here’s a step-by-step guide to help you understand the process, what you’ll need, and what to expect.
1. Attempt to Resolve Disputes First
Before applying to the court, you are generally expected to try resolving disagreements through discussion or mediation. Family mediation can help both parties find common ground without going to court, which is often less stressful and costly. In most cases, attending a Mediation Information and Assessment Meeting (MIAM) is a legal requirement before you can make an application, unless your case qualifies for an exemption (for example, in cases involving domestic abuse).
2. Preparing Your Application
If mediation does not resolve the issue, you can apply to the Family Court for a Specific Issue Order. The application process is governed by Section 8 of the Children Act 1989, which sets out the types of orders the court can make regarding children.
You will need to complete the relevant court form (usually C100) and provide detailed information about:
- The specific issue or decision you want the court to make (e.g., choice of school, medical treatment, relocation).
- The reasons for the application and why agreement cannot be reached.
- Details about your child, including their age, current living arrangements, and any other court orders in place.
- Any attempts you have made to resolve the matter, such as mediation.
It’s important to include evidence to support your case. This might include correspondence between parents, reports from professionals (such as doctors or teachers), or any other documentation relevant to the issue.
For a practical overview of the process and what to expect, see this guide on Specific Issue Order.
3. Submitting the Application
Once your application is ready, submit it to the Family Court. You’ll need to pay a court fee unless you qualify for help with fees due to financial circumstances. The court will serve the application on the other parent or anyone else with parental responsibility.
4. What Happens After You Apply
After your application is submitted, the court will set a date for the first hearing. At this hearing, the judge will consider whether further mediation is possible, what evidence is needed, and if any interim arrangements should be made.
The court may ask for reports from CAFCASS (Children and Family Court Advisory and Support Service), which provides advice about the child’s welfare and may speak to the child depending on their age and understanding.
Further hearings may be scheduled if more information or evidence is needed. Both parties will have the opportunity to present their case. The court’s primary concern is always the child’s welfare, as set out in the Children Act 1989.
For more detail on how the court process works, you may wish to review the child arrangements process and related responsibilities.
5. Possible Outcomes
After considering all the evidence, the court will make a decision and issue a Specific Issue Order if it believes this is in the best interests of the child. The order will set out exactly what should happen regarding the specific issue in dispute. For example, the order might specify:
- Which school the child should attend
- Whether the child can be taken abroad for a holiday or permanently
- What medical treatment the child should receive
The order is legally binding on all parties. Breaching a court order can have serious consequences, so it’s important to comply fully.
Further Guidance
Applying for a Specific Issue Order can feel daunting, but understanding the process and your responsibilities can help. For a comprehensive explanation of how these orders work, including the court’s approach and your legal options, see this comprehensive guide to Specific Issue Orders in UK Family Law.
If you need more detailed legal advice or support, you may wish to consult a solicitor or seek further information from resources like Prohibited Steps and Specific Issue Order | Online Legal Advice.
Remember, every family situation is unique, and the court’s primary aim is always to protect the welfare and best interests of the child.
Differences Between Specific Issue Orders and Emergency Protection Orders
Understanding the differences between Specific Issue Orders and Emergency Protection Orders is essential for parents and guardians who are navigating family law disputes about a child’s welfare. While both types of orders are designed to protect children’s best interests, they serve very different purposes and are used in distinct situations.
What Is an Emergency Protection Order?
An Emergency Protection Order (EPO) is a court order that allows for the immediate removal of a child from a situation where they are believed to be at risk of significant harm. EPOs are used in urgent situations, often where there is evidence of abuse, neglect, or immediate danger to the child’s safety. The primary goal of an EPO is to provide short-term protection until a longer-term solution can be found.
For a detailed explanation of why and how these orders are issued, you can read more in this guide: Emergency Protection Orders – What are EPOs and why are they issued?.
How Do Specific Issue Orders Differ?
A Specific Issue Order is not intended for emergencies. Instead, it is used to resolve particular disputes between those with parental responsibility about a child’s upbringing. These disputes might include decisions about:
- Which school the child should attend
- Whether the child should receive a specific medical treatment
- Whether the child can be taken abroad on holiday or to live
Specific Issue Orders are made under Section 8 of the Children Act 1989, which provides the legal framework for resolving disagreements about a child’s welfare when parents or guardians cannot agree. Unlike EPOs, Specific Issue Orders are not about immediate danger but about making considered decisions in the child’s best interests after hearing from both sides.
For comprehensive legal guidance on how these orders work, see: Specific issue orders | Legal Guidance | LexisNexis.
Urgency and Scope
The key differences between the two orders come down to urgency and scope:
- Urgency: Emergency Protection Orders are granted quickly, sometimes within hours, because they address situations where a child’s safety is at immediate risk. Specific Issue Orders are not urgent and involve a more thorough court process, allowing both parties to present their views.
- Scope: EPOs are broad and focus on removing a child from harm, often involving social services or the police. Specific Issue Orders are narrow, dealing with a single issue or decision about the child’s upbringing.
When Is Each Order Appropriate?
- Emergency Protection Order: Appropriate when there is an immediate threat to a child’s safety, such as suspected abuse or neglect. The order is temporary, usually lasting up to eight days, but can be extended if necessary.
- Specific Issue Order: Suitable when parents or guardians cannot agree on a particular aspect of the child’s upbringing, but there is no immediate risk to the child’s safety. The court will decide based on what is in the child’s best interests after considering all the circumstances.
Why Does Understanding the Difference Matter?
Knowing the difference between these orders helps parents and guardians take the right legal steps for their situation. If your concern is urgent and involves your child’s immediate safety, an Emergency Protection Order may be necessary. For ongoing disagreements about important decisions in your child’s life, a Specific Issue Order is more appropriate.
Understanding the legal framework set out in the Children Act 1989 can help you make informed decisions and ensure that your child’s welfare remains the top priority. For further information on how Specific Issue Orders work, you can explore Specific issue orders | Legal Guidance | LexisNexis.
If you are unsure which order is right for your situation, seeking legal advice or reviewing the detailed guides linked above can provide clarity and help you protect your child’s best interests.
Related Court Orders in Family Law
Related Court Orders in Family Law
When parents or guardians cannot agree on important decisions about a child’s upbringing, the Family Court can issue different types of orders to help resolve the dispute and protect the child’s welfare. Understanding these related court orders can help you decide which one is right for your situation.
Prohibited Steps Orders
A Prohibited Steps Order is closely related to a Specific Issue Order. While a Specific Issue Order is used to give permission for a particular action concerning a child – such as which school they should attend or whether they can travel abroad – a Prohibited Steps Order is designed to prevent a particular action from being taken without the court’s consent. For example, it might stop one parent from changing the child’s surname or taking the child out of the country.
Both orders are made under Section 8 of the Children Act 1989, which sets out the legal framework for these types of decisions. The key difference is that a Specific Issue Order allows something to happen, while a Prohibited Steps Order prevents something from happening.
Other Relevant Family Law Orders
In addition to Specific Issue Orders and Prohibited Steps Orders, the Family Court can also make other types of orders to safeguard a child’s welfare:
- Child Arrangements Orders: These decide where the child will live, who they will spend time with, and how contact will take place between the child and each parent or other family members.
- Parental Responsibility Orders: These grant legal rights and responsibilities to individuals who are not automatically given parental responsibility, such as step-parents or grandparents.
All of these orders work together to ensure that decisions are made in the best interests of the child. The Family Court carefully considers the child’s welfare as the top priority, and will only make an order if it is better for the child than making no order at all.
How These Orders Protect Children’s Interests
The court’s main aim is to protect the welfare of the child. When parents disagree on important matters, these orders provide a clear, legal way to resolve disputes and prevent further conflict. For example, if one parent wants to move abroad with the child and the other objects, the court can use a Specific Issue Order to decide whether the move should go ahead, or a Prohibited Steps Order to stop the move until the matter is fully considered.
If you are unsure which type of order is suitable for your circumstances, you can learn more about each option. For further details about preventing certain actions, see our page on Prohibited Steps Order.
By understanding the different types of court orders available, you can make informed decisions and ensure your child’s needs and interests are at the centre of any arrangements.
Support and Resources for Families
Support and Resources for Families
Navigating family disputes, especially those involving the upbringing of a child, can be challenging and emotionally taxing. It’s important to remember that you are not alone – there are a range of support services available to help both parents and children through difficult times, whether you are involved in legal proceedings or simply seeking guidance.
Support Services for Families and Children
When disagreements arise about a child’s upbringing, accessing support can make a significant difference. Many families benefit from counselling, mediation, and practical advice to help manage conflict and reduce stress for everyone involved. These services can offer a safe space to discuss concerns, explore solutions, and focus on the best interests of the child.
If you are considering or have already applied for a Specific Issue Order, it may be helpful to contact the HM Courts & Tribunals Service for information about the court process and available support. They can provide guidance on what to expect and how to access additional help.
Help for Children Affected by Domestic Abuse or Family Conflict
Children can be deeply affected by family disputes, particularly in cases involving domestic abuse or high levels of conflict. It’s crucial to prioritise their safety and wellbeing. There are dedicated abuse support services that offer confidential advice, emergency refuge, and safety planning for children and families at risk.
The Domestic Abuse Act 2021 sets out important protections and support measures for those experiencing domestic abuse. Understanding your rights under this law can help you access the help you need and ensure your child’s welfare is safeguarded.
Why Accessing Support Matters
Seeking support is not just about getting legal advice – it’s also about emotional wellbeing and practical guidance. Family disputes can be overwhelming, and professional help can make the process less isolating. Support services can work alongside legal proceedings, ensuring that both you and your child have the resources and advice necessary to move forward positively.
Legal Framework for Support
The Children Act 1989 provides the legal foundation for court orders relating to children, including Specific Issue Orders. It also sets out the duty of local authorities to provide support for children in need. Familiarising yourself with this legislation can help you understand your rights and the support your child is entitled to.
Where to Find Help
- For information about the court process and available support, visit the HM Courts & Tribunals Service.
- If you or your child are affected by domestic abuse, confidential abuse support services are available to help with safety planning and refuge.
- To understand the legal protections against domestic abuse, read the Domestic Abuse Act 2021.
- For more about your legal rights and support for children, see the Children Act 1989.
Accessing the right support can make a real difference for you and your child during a time of uncertainty. Don’t hesitate to reach out for help – support services are there to guide you every step of the way.
