Disagreements can arise between parents over important decisions about their child, including which school they should attend, whether they should receive medical treatment, their religious upbringing or whether they should be taken abroad. If the issue cannot be resolved by agreement, either parent may be able to apply to the Family Court for a Specific Issue Order.
Our family law solicitors advise those who wish to apply for a Specific Issue Order, as well as those who need to oppose an application. We can advise you on your legal position, help you explore whether an agreement can be reached and represent you throughout any Family Court proceedings.
When Might a Specific Issue Order Be Needed?
A Specific Issue Order can be used when those with parental responsibility cannot agree about a particular aspect of a child’s upbringing. The Court is asked to decide that specific question based on what it considers to be in the child’s best interests.
Common reasons for applying include disagreements about:
- which school the child should attend;
- whether the child should receive medical treatment or vaccinations;
- the child’s religious or cultural upbringing;
- changing the child’s name;
- taking the child abroad for a holiday;
- relocating with the child elsewhere in England and Wales or abroad; and
- other important decisions concerning the child’s upbringing.
Depending on the circumstances, a different order may be required. For example, a Prohibited Steps Order can prevent another person from taking a particular action, while a Child Arrangements Order can determine where a child lives or how much time they spend with each parent. Our solicitors can advise you which application is best suited to the particular dispute.
Applying for or Opposing a Specific Issue Order
An application for a Specific Issue Order is usually made using Form C100. Before applying, you will normally need to attend a Mediation Information and Assessment Meeting (MIAM), although exemptions are available in cases involving domestic abuse, urgency and certain other circumstances.
After the application has been issued, Cafcass will usually carry out safeguarding checks and speak to both parties before the first hearing. The Court will consider whether an agreement can be reached and what further evidence is required. This may include statements from the parties or information from a school, medical professional or other relevant organisation.
If the dispute cannot be resolved, the child’s welfare will be the Court’s paramount consideration. Depending on the circumstances, it may consider the child’s wishes and feelings, their physical, emotional and educational needs, the likely effect of any change and any risk of harm.
If you oppose an application, you will have an opportunity to explain why you disagree with the proposal and present evidence supporting your position. Where a decision is particularly urgent, the Court can also be asked to list the application at short notice.
How Our Specific Issue Order Solicitors Can Help
We can advise you at an early stage on your legal position, the type of application required and whether the dispute may be resolved without court proceedings. Where an agreement is possible, we can negotiate on your behalf and help ensure that its terms are clear.
If court proceedings are necessary, we can prepare and submit your application or respond to an application made against you. We can help you gather and present the relevant evidence, including information from schools, medical professionals or other organisations involved in your child’s life.
Our solicitors can represent you at Family Court hearings or arrange for an experienced family barrister to attend. We can also act quickly in urgent cases, including disputes about imminent medical treatment, a proposed change of school or plans to take a child abroad.
Sobiah Hussain
Partner, Solicitor-Advocate, Collaborative Law Practitioner & Head of Private Family Law
Meet the teamMeet the Family Team
Sobiah Hussain
Partner, Solicitor-Advocate, Collaborative Law Practitioner & Head of Private Family Law
Irrum Shah
Senior Associate Solicitor
Alison Page
Senior Associate Solicitor
Emma Macdonald
Chartered Legal Executive
Frequently Asked Questions
A Specific Issue Order can be used in any serious and specific decision in a child’s upbringing.
There are times when parents cannot agree on decisions regarding the upbringing or wellbeing of a child. In cases where the dispute relates to a specific issue, a parent can ask the court to make the decision. During the hearing, the family court will consider what would be in the child’s best interest. The final ruling of the court will be detailed in a Specific Issue Order which must be followed by all parties involved.
Examples of disputes that can be resolved by a Specific Issue Order include:
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- Changes to a child’s name – such as the child’s surname subsequent to a divorce.
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- Permission to take a child abroad.
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- Whether a child should receive vaccinations or other types of medical treatment or intervention.
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- Where and which school a child should attend.
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- Decisions to the education of a child – such as religious education.
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- Preventing a person from having contact with the child.
The following people may apply for a Specific Issue Order (SIO)
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- Parents
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- Step-parents
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- Legal Guardians
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- Anyone with parental responsibility
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- Persons named on a Child Arrangement Order
In short, yes. You may still apply for a Specific Issue Order if you do not fall into one of the categories above, though you will have to gain permission from the court prior to applying for a Specific Issue Order.
Before applying for a Specific Issue Order you will need to attend a Mediation Information Assessment Meeting (MIAM). This may be attended together or separately from the person you’re seeking the order against. The aim of mediation is to provide a final attempt to resolve matters before progressing the matter to court.
A Mediation Information Assessment Meeting may not be required if there has been violence within the relationship, or if there is a lack of availability for a mediator.
If mediation is unsuccessful, we advise you to speak with a family solicitor who can advise you and start to draft an application for a Specific Issue Order. The application is usually issued to the court which covers the area where the child lives. The court will arrange a First Hearing and a Dispute Resolution Appointment. For the hearing to progress, the court must believe that making a SIO is better for the child than not making an order. If your matter is urgent then procedures exist for the court to deal with it immediately.
The court may instruct a CAFCASS officer to prepare a report. This provides a balanced opinion and independent recommendation about the application and the welfare of the child.
All court decisions made about children are based on what the court considers is in the best interests of the child. Specific Issue Orders automatically end when the child is 16 years old, unless there are exceptional circumstances.
person with parental responsibility will automatically receive copies of the application. Those with parental responsibility are entitled to:
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- Attend the court hearings.
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- Have legal representation.
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- Make their objections known to the court.
A person without parental responsibility will need to ask the court for permission to become party to the proceedings. This will allow them to be present in court and make their objections known.
If the matter progresses to a final hearing, each parent will provide evidence in the Family Court. They will be asked questions (under oath) by the opposing side. In most circumstances, the Cafcass officer’s report will settle matters before this final hearing.
In rare circumstances, the judge may settle against the recommendations made in the Cafcass report. In these circumstances the judge will provide reasons for their judgment. The decision can be challenged by a judicial review if the judge has made an error of law in coming to their ruling. This is a complex legal procedure and would require detailed legal advice before making a claim.
The cost for a specific issue order varies from person to person. You will likely need to pay for the court fee.
However, a cost estimate will be provided based on your individual circumstances.
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