Would you know when you would need for a Specific Issue Order?
The Family Court can make a wide variety of orders. Applying for the wrong one can be a waste of your time, money and effort at best. At worst, it can impact the whole trajectory of your case – so it’s important to apply for the right one.
To complicate things – and I hate to say this – family law can be more of an art than a science sometimes. If it was black and white, solicitors and barristers (and people like me) would be out of a job because for every situation rules could be applied at one end and an outcome at the other.
You probably know it isn’t as simple as that – as you’ve probably asked the question `What is a Specific Issue Order?’
Among the various orders the court can issue, a Specific Issue Order often comes into play when parents can’t agree on a particular matter concerning their child’s upbringing. But what exactly is a Specific Issue Order, and how does it work?
In this blog post, we’ll explain everything you need to know about Specific Issue Orders, why they might be necessary, and how they can impact your family dynamics. Our goal is to provide clear, practical information to help you understand the process—without drowning you in legal jargon. No one has time for that.
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What’s a Specific Issue Order?
A Specific Issue Order is a type of order made by the family court in England and Wales under Section 8 of the Children Act 1989. It is used to resolve a specific dispute between parents (or other individuals with parental responsibility) about a child’s upbringing. The order focuses on one particular issue, rather than dealing with broader parental responsibilities.
Examples of situations where a Specific Issue Order might be needed include:
- Deciding where a child should attend school.
- Determining whether a child should receive a particular medical treatment.
- Settling disagreements about religious upbringing.
- Deciding if a child can relocate within the UK or abroad.
The court’s primary concern when making any decision is the welfare of the child. This is guided by the welfare checklist, which considers factors such as the child’s wishes (depending on their age and understanding), their emotional and physical needs, and any potential impact of the decision on their wellbeing.
Specific Issue Orders provide clarity and help prevent prolonged disputes that could negatively impact a child’s wellbeing. By addressing a particular disagreement, they allow parents to focus on fostering a stable environment for their child.
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When might you need one?
I hate to be that legal guy but the true answer is…`it depends’.
Let me break it down for you and explain why that is.
A court order is a piece of paper that sets out the decisions a court has made. But orders contain orders.
So for example…you may be applying for contact (or `spends time with’ in modern parlance) with your child. But you can apply for other things at the same time – such as a Prohibited Steps Order (which orders someone not to do something) or a Specific Issue that does the opposite. If you’re not already in the court system you’re going to need a C100 form which has tick boxes to let the court know what you want.
If you are already in court you’re going to need a C2 form – this lets you make an application in an existing application in relation to children. The bad news here is that if you’ve done something like filled in and sent off your C100 form (and paid the fee for it too…) you’re going to have to pay again for your C2 application to be dealt with.
Anyway – here are some common scenarios you may want to make a Specific Issue application:
Sorting Out school disputes
Education is, sadly, a key battlefield between parents.
It’s not surprising. Education is a key part of a child’s development, but disagreements can arise about the type of school a child should attend. One parent might prefer a local state school, while the other favours a private or faith-based school. Others may wish to home school. These disagreements can be heightened if the school’s location or teaching philosophy has implications for the child’s routine or identity. A Specific Issue Order can resolve this disagreement by allowing the court to decide what’s in the child’s best interests.
Medical Decisions
Parents may have differing opinions about medical treatments, especially if the treatment involves invasive procedures or has long-term consequences. For example, one parent might want their child to undergo a vaccination, while the other opposes it due to personal beliefs. In some cases, parents might disagree on how to approach treatment for a chronic condition or disability. When such disagreements arise, a Specific Issue Order can provide a clear resolution, ensuring the child’s health needs are prioritised. Religious beliefs may be a factor here too.
Moving Away or Travelling
Relocation can be a contentious issue, especially if it involves moving abroad or to a distant part of the UK (or even beyond). One parent might want to relocate for work, a new relationship, or family support, but the move could impact the other parent’s contact with the child. In such cases, the court’s role is to balance the child’s need for stability and ongoing relationships with both parents. A Specific Issue Order can provide clarity, whether it’s granting permission for the move or setting conditions to maintain the child’s relationship with both parents.
While a parent is not permitted to relocate a child out of jurisdiction (i.e. if they are habitually resident in England or Wales they need to remain there) unless a court order says otherwise or all holders of PR for the child agree to this.
Religious Upbringing
In families with parents from different faiths, disagreements about a child’s religious upbringing can become a source of tension. One parent might wish to raise the child in a particular religion, while the other prefers a secular approach. In these cases, the court’s decision will focus on what’s in the best interests of the child, including their cultural identity and sense of belonging.
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How to apply for one (if you’re not already in court)
Applying for a Specific Issue Order is a step-by-step process. Here’s how it typically works:
1. Try to resolve things outside court
Before turning to the court, try mediation.
Even if you think it won’t work. Because as unlikely as it is it can be resolved between you and your ex it’s still way less costly, upsetting and besides…there is a legal requirement.
Mediation involves a neutral third party who helps parents discuss their disagreements and reach an agreement. Mediation is often faster, less stressful, and less expensive than court proceedings. In fact, attending a Mediation Information and Assessment Meeting (MIAM) is usually a required step before making a court application, unless there are exceptional circumstances, such as domestic abuse.
2. File a C100 Form
If mediation doesn’t work, you can apply for a Specific Issue Order by completing a C100 form. This form is submitted to the family court and outlines the specific issue you need the court to resolve. You’ll need to provide details about the dispute, the child’s circumstances, and why you believe a court decision is necessary. The form requires a fee, though exemptions may be available for those on low income or certain benefits. If you have attended a MIAM, the mediator will complete a section of this form for you to confirm you attended.
3. Court Hearings
Once your application is submitted, the court will review it and schedule a hearing. At the hearing, both parents (or other parties) will have the opportunity to present their case, provide evidence, and suggest solutions. The court may also appoint a CAFCASS officer to assess the child’s situation and provide recommendations. CAFCASS (Children and Family Court Advisory and Support Service) focuses on ensuring the child’s welfare is at the heart of the decision.
4. The Final Decision
After considering all the evidence and the Welfare Checklist, the court will issue a Specific Issue Order. This order will provide clear guidance on the disputed matter, ensuring the child’s best interests are prioritised.
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How to apply for one (if you’re already in court)
If you are already in court…you’re going to need to complete a C2 form. You’ll need to pay (another fee) for it unless you are exempt from doing so.
Sometimes a court will allow you to make `oral application’ – i.e. you can ask in a court hearing to add this matter to your existing case. But there is a good chance you’ll be told you need to fill in a C2…which can take time to work it’s way through the system.
It’s why it’s good to get everything you need the court to help with at the start of your case if you can because it’s going to cost you time, money and effort. That’s not to say that stuff doesn’t come up – but if you can avoid this scenario…do so.
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What does the court look at?
When deciding on a Specific Issue Order, the court’s primary concern is the child’s welfare. To reach a decision, the court considers the Welfare Checklist, which includes:
- The child’s wishes and feelings. The court must consider the child’s wishes and feelings, taking into account their age and understanding. Generally, more weight is given from age 11 or 12, but maturity and circumstances matter. CAFCASS typically speaks with the child, but judges may step in during exceptional cases. The court ensures these wishes are genuine and not influenced by a parent. Wishes are one factor and don’t solely determine the outcome.
- Physical, emotional, and educational needs. The court assesses the child’s short- and long-term needs and determines how parents can best meet them, based on evidence. While physical needs are straightforward, emotional needs may need deeper evaluation. Stability and adaptability to a child’s changing needs are key.
- Impact of changes. The court considers how changes such as a new home, school or court order might affect the child. Priority is given to minimising disruption and maintaining stability.
- Age, sex, and background. The court accounts for the child’s age, cultural, religious, and other relevant characteristics, specific to their family context.
- Past or potential harm. The court evaluates harm the child has experienced or risks facing. Harm includes ill-treatment or impaired health and development. Protective measures, such as safeguarding orders, may be issued. Allegations of domestic abuse are also scrutinised.
- Parental capability. The court ensures both parents can meet the child’s needs. This includes evaluating housing, parenting abilities, and each parent’s commitment to prioritising the child.
- Court powers. The court can issue a range of orders, even those not specifically requested, such as Prohibited Steps Orders to prevent a parent from leaving the country without consent.
These considerations help ensure the court’s decision supports the child’s overall wellbeing and provides stability.
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