A Specific Issues Order is a legal document issued by a family court which sets out how a dispute regarding the upbringing or well-being of a child should be resolved. Specific Issue Orders can be used for a wide range of situations, including:
- Child change of name
- Decisions on a child’s education and school to attend
- Relocating to a new area or country permanently
- Religious education
- Whether a child should take certain medical treatment or surgery
- Taking a child for a holiday abroad
- Preventing someone from having contact with a child
In most cases, a Specific Issues Order will last until the child reaches the age of 16 unless there are exceptional circumstances. If so, the Specific Issues Order may last until the child reaches the age of 18.
In certain cases, it may be necessary to apply for an urgent Specific Issues Order (referred to as a ‘without notice application’). This may be necessary, for example, if a parent has taken a child away and is refusing to return them. In this situation, the court will dispense with the need to inform the other party and make a decision on the urgent matter in their absence.
Who can apply for a Specific Issues Order?
You can apply for a Specific Issues Order if you are:
- The child’s parent, guardian or special guardian.
- A person named in a Child Arrangement Order (CAO) as the person with whom the child is to live.
- A step-parent who has Parental Responsibility for the child.
Anyone else who wishes to apply for a Specific Issues Order must first apply to the family court for permission.
For advice and support on applying for a Specific Issues Order, please speak to our specialist child law team, who will be glad to assist you.
How to apply for a specific issue order
Before applying for a Specific Issues Order, you may need to attend a Mediation Information and Assessment Meeting (MIAM) before you ask the court to decide on your matter. This is to determine if your case is suitable to be resolved with the help of a trained mediator. If mediation is not suitable or does not resolve the matter, you can then apply to the court for a Specific Issues Order using Form C100. A fee of £232 must also be paid to the court. Form C1A must also be completed if there are concerns that the child has suffered or is at risk of suffering harm from domestic abuse or violence.
Once the application has been received and approved by the court, it will then be issued to the parties concerned. The court will then schedule a First Hearing Dispute Resolution Appointment (FHDRA) to attempt to resolve the matter. A Dispute Resolution Appointment (DRA) may also be scheduled if the Children and Family Court Advisory and Support Service (CAFCASS) have been asked to produce a report to assist the court. If the matter is still not settled, a final hearing may be required at which the judge will order a final decision.
In total, it can take between 3 – 4 months to issue a Specific Issues Order. If your matter is urgent, you may be able to apply for an urgent Specific Issues Order to reach a resolution much sooner.
Court considerations for a specific issues order
Family courts take into consideration a range of factors when deciding whether to issue a Specific Issues Order, including:
- The welfare and safety of the child
- Whether the parents can meet the needs of the child
- The wishes of the child (this is more relevant the older the child)
- The physical, emotional, and educational needs of the child
- The impact on the child if their circumstances change
- The age, sex, and background of the child
Other factors may also be considered depending on the type of Specific Issues Order application.
Specific issue order for change of name
Where an application for a Specific Issues Order is submitted to change a child’s name, the court will want to fully understand the reasoning behind the request and how this will benefit the welfare of the child. In this case, it is important to explain in the application:
- Why the name change will benefit the welfare of the child (i.e. not just to match the name of a parent or guardian or for school records)
- How long the child has known their current surname
- The child’s own wishes regarding their name (this is more relevant the older the child)
- The impact of the name change, if not permitted
It is important to provide as much information as possible to ensure that your Specific Issues Order application is granted by the family court.
Specific issue order to take a child on holiday
When considering a Specific Issues Order regarding whether a child should be permitted to go on holiday with their parent, the family courts will want to be assured that doing so will not impact the child’s education or relationship with the other parent. They will also want to understand if there are any legitimate concerns that the parent taking the child on holiday may try to permanently relocate them to another country. The main criteria in such decisions is the best interest of the child.
If you have booked a holiday with your child and their other parent is refusing to provide their passport, you may be able to apply for an urgent Specific Issues Order. If granted, the family court will order the parent to release the child’s passport to you.
Remember, it is always important for parents to try to resolve child matters between themselves. Indeed, this is the expectation of the court. While most Specific Issue Order applications are granted, it is advisable to apply as early as possible as there is often a large backlog of cases. Applying early will also allow you to prepare all of the required documents to justify your case.
