What Is A Specific Issue Order & When Can It Be Applied For?

What is a Specific Issue Order?

A Specific Issue Order is a Court order that addresses a specific aspect of a child’s welfare or upbringing.

A Specific Issue Order is usually made when the parents/guardians of a child cannot agree on a particular issue, and the Court therefore must intervene to make a decision in the best interests of the child. The order will set out the specific issue that the Court has ruled on and the steps that the parties involved must take to comply with the order.

Specific Issue Orders are just one of many types of orders that can be made by the Family Courts. Other orders include Prohibited Steps Orders and Child Arrangement Orders.

This can include:

Choice of School

The choice of school is one of the most common areas where parents seek a Specific Issue Order. In the event that parents disagree over the best educational setting for their child, the court may intervene to decide on the issue. This can occur when:

• Parents cannot agree on whether to send their child to a public or private school.
• There is a dispute over the child’s selection for a particular school (e.g., a disagreement about whether the child should attend a particular secondary school).
• Parents disagree on whether the child should attend a school in a different location, possibly involving a change of living arrangements.

In making this decision, the court will prioritise the best interests of the child. It will consider various factors, including the child’s needs, academic opportunities and progress, and whether the school is suitable for the child’s age and development.

The child’s views may be taken into account, especially if they are old enough and mature enough to express an opinion.  However, in many cases, the child’s views will not be determinative.

If parents disagree about the choice of school, the Family Court can make an order that the child should attend a specific school nominated by one of the parents.

If the disagreement is about practical matters like funding, location, or the suitability of the school, the court may have to weigh these factors carefully and in this case may impose a decision on the parties.

Internal Relocation and International Relocation

Internal relocation refers to the situation where one parent wishes to move with the child to a different location within the UK, which may cause a significant change to the child’s living arrangements. Such moves can disrupt the child’s relationships, schooling, and other social ties.

International relocation is where one parent wishes to move with the child to a different location outside the UK

If parents disagree on the matter of relocation, a Specific Issue Order can be sought. This order would be necessary if one parent wants to relocate to a new area, while the other parent believes that the move would negatively affect the child. The court will consider the impact of the move on the child’s welfare, including:

The court will also weigh whether the relocation is in the best interests of the child, as well as the proposed new arrangements for contact with the non-relocating parent.

Relocation disputes often involve sensitive considerations of both parents’ rights and responsibilities, and courts are always mindful of what is in the best interests of the children.

Medical Treatment

Disagreements between parents over medical treatment for their child can also lead to the need for a Specific Issue Order. This is particularly relevant in cases where one parent agrees to a course of treatment and the other refuses, or where the parents disagree on the necessity or appropriateness of a particular medical procedure or intervention.

A Specific Issue Order in this context would involve a decision on whether or not the child should receive certain medical treatment. These decisions may include:

The Family Court will consider the child’s welfare as paramount and will often seek expert medical evidence when making decisions about medical treatment. The court may also take into account the wishes of the child if they are old enough to express an informed opinion. Additionally, the court will consider the child’s best interests and whether the proposed treatment is in line with their health and well-being.

Who can apply for a Specific Issue Order?

Anyone who has parental responsibility for a child, such as a parent or a guardian, is legally able to apply for a Specific Issue Order. This can also include other individuals who have been granted parental responsibility, including step-parents, grandparents, or someone named in a “live with” Child Arrangements Order. If someone doesn’t fall into any of these categories, they may be able to apply for a Specific Issue Order, but only if they get permission from the Court first.

If there is a dispute between individuals with parental responsibility, then they will need to apply to the Family Courts to resolve the issue. In cases where there is an urgent need to resolve the issue, such as in situations involving the child’s safety or welfare, an individual with parental responsibility can also ask the Court to deal with the case as an emergency.

Those considering making an application for a Specific Issue Order should obtain legal advice before doing so. A specialist family solicitor will advise whether the application is appropriate in the circumstances.

How do I apply for a Specific Issue Order?

To apply for a Specific Issue Order you must apply to the Court using the designated form giving relevant information about the parties, the child, and the remedy you are asking the Court to endorse. The application form is available from the HM Courts and Tribunals Service website or can be obtained from the Family Courts. It is advisable to include evidence you rely on in support of the application.  A fee is payable upon filing the application.

After the application has been filed, the Court will schedule an initial hearing where both parties will have the opportunity to present their case and evidence. If parties are not able to come to a resolution at the initial hearing, the Court will typically request that the parties file statements before the matter is listed for a final hearing. If there are any welfare concerns then this may not be the case. Further, a Cafcass officer will often meet with both parties and then prepare a report.

The Court will then decide on the specific issue and issue a Specific Issue Order.

What factors will the Court consider?

The Court’s primary consideration is always the best interests of the child involved. However, the Court will consider a range of other factors when making its decision with reference to the welfare checklist.

The Court may seek the opinion of Cafcass, social workers, guardians, or other experts in making its decision.

In practical terms, a parent who seeks a Specific Issue Order must present a clear case to the court as to why the decision they want is in the child’s best interests. This may include providing evidence, such as expert reports, and explaining the reasoning behind their request.

How long does a Specific Issue Order remain in place?

A Specific Issue Order can remain in place for a prescribed period of time until the specific issue of relevance has been resolved or until the child reaches the age of 18.

After the Court has made its decision, the order will set out the steps that the parties must take to comply with it.

The Court can vary or discharge a Specific Issue Order if there is a change in circumstances or if the original order is no longer in the best interests of the child. Either party can make an application to the Court to have the order varied or discharged.

Breach of a Specific Issue Order can have serious consequences for the party not complying with it. They may be held to be in contempt of Court, be fined, or in the very worst case face imprisonment.

Seek legal advice

It is important to note that the process of applying for a Specific Issue Order can be complex. It is advisable to seek legal advice to ensure that you are following the correct procedures and presenting your case effectively.