Specific Issue Order Solicitors
If you cannot agree on an important decision about your child, a specific issue order may be relevant. NLS can help you understand the issues, consider the available options and prepare for the next steps.
Get clarity on the decisions that matter for your child.
Shabana Sultana
Specific issue order advice
A specific issue order is a court order that asks the court to decide a particular question about a child’s upbringing. It is a type of order available under section 8 of the Children Act 1989.
These situations can arise when parents or carers agree on some aspects of a child’s care but cannot resolve one important issue. You may be concerned about a proposed change to your child’s school, medical treatment, religious upbringing, name or another decision that could affect their day-to-day life.
NLS can help you understand the legal and practical issues involved, identify the information that may be relevant and consider what to do next.
What is a specific issue order?
A specific issue order enables the court to decide a particular dispute about a child’s upbringing. GOV.UK gives changing a child’s surname as an example of an issue that may be addressed through this type of order.
It is different from a child arrangements order, which deals with where a child lives and who they spend time with. It is also different from a prohibited steps order, which can prevent a specific action from being taken without the court’s permission.
The appropriate approach will depend on the particular disagreement, your child’s needs and any arrangements already in place.
When might a specific issue order be considered?
A specific issue order may be considered where parents or carers cannot agree about a particular aspect of a child’s upbringing. The circumstances will vary, but issues may include:
- A proposed change of school
- A child’s surname
- Medical treatment or healthcare decisions
- Religious upbringing
- Whether a child should take part in a particular activity
- Decisions about travel or a proposed move
- Other important choices affecting a child’s routine or future
A specific issue order is not needed for every disagreement. Where it is safe and appropriate, parents may be able to reach an agreement through discussion, mediation or another form of non-court dispute resolution.
How NLS can help
NLS can help you to:
- Understand the purpose of a specific issue order
- Identify the particular question that needs to be resolved
- Consider the practical information that may be relevant
- Explain the application process and the next steps that may be available
- Understand how the issue may affect wider child-arrangements arrangements
Every situation is different. NLS will help you take a clear view of the concerns involved and understand the options that may be relevant to your circumstances.
Keeping your child’s welfare at the centre
When the court determines a question about a child’s upbringing, the child’s welfare is its paramount consideration. The court must consider the circumstances of the individual child and family when deciding whether an order is appropriate.
This means there is no automatic answer to a disagreement about schooling, healthcare, travel or any other specific issue. The court will consider the child’s needs, the effect of a proposed change and the information available.
It can help to be clear about the decision in dispute, why it matters to your child and the practical effect it may have on their routine, education, wellbeing and relationships with important people in their life.
Decisions about education and school arrangements
A disagreement about education can arise when one parent wants to change a child’s school, move them to a different area or make a decision that affects their learning and daily routine.
The issues may include the child’s current education, travel arrangements, friendships, additional needs and the practical effect of any proposed change. It can also be important to consider how a decision would work alongside existing arrangements for the child to spend time with each parent.
Where agreement cannot be reached, a specific issue order may be an option to consider. The right approach will always depend on the individual circumstances.
Shabana Sultana - Head of Private Family Law
Shabana has spent more than 26 years working solely in family law and can conduct with confidence all private family cases of every description. She specialises in financial matters following divorce and private Children’s matters with a focus on international child relocation cases are the heart of her practice. She is a natural problem solver always thinking creatively and outside the box to achieve successful outcomes for her clients. Her clients praise her for being a master negotiating who is never phased by the noise of her opponents, and this has meant she can boast a strong record of achieving out of court settlements.
Shabana works alongside an impressive team of carefully selected experts who lead with discretion and expertise including accountants, auditors, from pension actuaries to surveyors and private investigators. Twenty-six years in practice have given her a strong network of family law barristers who time after time deliver the results her clients want.
Healthcare, religion and other important decisions
Parents may also disagree about healthcare, religious upbringing or other decisions that affect a child’s life. These matters can be sensitive and may involve strongly held views.
A specific issue order can give the court the opportunity to decide the particular issue in dispute. It is important to focus on the decision that needs to be made and the information that may help the court understand its effect on the child.
NLS can help you understand the issues that may need to be addressed and how they fit within the wider arrangements for your child.
Applying for a specific issue order
An application for a specific issue order is usually made using Form C100. The same form is used for child arrangements orders and prohibited steps orders. It can also be used to apply to vary or discharge an existing section 8 order.
Before applying to the family court, an applicant will normally need to attend a Mediation Information and Assessment Meeting, known as a MIAM. A valid exemption may apply in some circumstances, including cases involving urgency, domestic abuse or child-protection concerns.
If proceedings concerning your child are already underway, a different form may be needed. GOV.UK states that Form C2 is used for certain applications made within existing proceedings.
What happens after an application is made?
The court process will depend on the circumstances and the issues raised in the application. The court will consider the information provided, identify any welfare or safety concerns and decide how the case should progress.
For section 8 applications, the court sends Form C100 and any Form C1A provided to Cafcass or Cafcass Cymru, which carries out initial safeguarding enquiries before the first hearing.
The court may encourage further discussion or direct steps that help clarify the issue. If agreement remains out of reach, it may need to make a decision based on the evidence and the child’s welfare.
Urgent concerns
Some situations may need to be addressed quickly, particularly where a proposed decision could have an immediate effect on a child’s safety, wellbeing or living arrangements.
The C100 application allows an applicant to state that they are seeking an urgent hearing or asking the court to consider the application without notice to the other person. Urgent applications can be exempt from the MIAM requirement in defined circumstances, but whether urgency applies depends on the facts.
If you believe your child is in immediate danger, contact the emergency services. Otherwise, seek legal advice promptly so that you can understand the available options.
Speak to NLS about a prohibited steps order
If you cannot agree on an important decision about your child, clear advice can help you understand the issues and consider the next step.
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Specific Issue Order FAQs
- What is a specific issue order?
A specific issue order is a court order that allows the court to decide a particular question about a child’s upbringing. It is a section 8 order under the Children Act 1989.
- What can a specific issue order decide?
It can address a particular disagreement about a child’s upbringing. This may include a child’s surname, education, healthcare, religious upbringing or another specific decision. The right approach will depend on the circumstances.
- Is a specific issue order the same as a child arrangements order?
No. A child arrangements order deals with where a child lives and who they spend time with. A specific issue order deals with a particular question about the child’s upbringing.
- Is a specific issue order the same as a prohibited steps order?
No. A specific issue order asks the court to decide a particular question. A prohibited steps order restricts a specified action from being taken in relation to a child without the court’s permission.
- How do I apply for a specific issue order?
An application is usually made using Form C100. This form is used for applications for child arrangements orders, prohibited steps orders and specific issue orders.
- Do I need to attend mediation before applying to court?
You will normally need to attend a MIAM before applying to the family court, unless a valid exemption applies. Exemptions may apply in situations involving urgency, domestic abuse or child-protection concerns.
- How long does a specific issue order take?
Timescales vary depending on the issue, any welfare or safety concerns, whether agreement can be reached and the court process. It is not possible to predict a timescale without understanding the circumstances.