Broadly, a Specific Issue Order, is a court order which resolves disputes regarding a child’s upbringing or wellbeing in situations where the parents or guardians are unable to agree.
Specific Issue Orders can be made for a number of reasons, including:
- Decisions about a child’s education: Where parents cannot agree arrangements for a child’s education the court could be asked to decide what school a child should attend or whether a child should be home educated.
- Changing the child’s name.
- Healthcare: If a child needs medical treatment, but agreement can’t be reached on whether, or what treatment should be given, the court can decide.
- Taking the child on holiday abroad. A decision might be needed as to whether a child can be taken to a particular destination, or whether any holiday abroad is permitted.
- If a parent wishes to move house, a decision may be needed as to whether a child can be moved with them.
- Religious upbringing: If the parents cannot agree on the religious upbringing of a child, the court can make appropriate orders to resolve this.
Who can apply for a Specific Issue Order?
- The child’s parent, guardian or special guardian.
- A person named on a Child Arrangement Order as the person with whom the child is to live.
- A step-parent who has parental responsibility for the child.
If someone doesn’t fall into any of these categories above, they may still be able to apply for a Specific Issue Order but they would need the court’s permission.
What is the process for obtaining a Specific Issue Order?
- Step 1: Prior to any application, the court encourages parties to try and resolve matters between themselves, as this is often less stressful for the family and can result in a better outcome for the child. Parties are therefore encouraged to attend mediation and a referral may need to be made before an application will be accepted. The parties are not, however, expected to attend mediation if there are any issues regarding domestic abuse.
- Step 2: If mediation is unsuccessful, or an exemption applies, the next step is to file an application with the court on a C100 form.
- Step 3: Once the application is issued by the court, a hearing will be listed, known as a First Hearing Dispute Resolution Appointment (FHDRA).
- Step 4: Prior to the hearing, CAFCASS will be asked to undertake safeguarding checks. The purpose is to ensure that any safety issues are identified, before a final order is made. A CAFCASS officer will speak to both parties and will make enquiries with social services and the police.
- Step 5: At the first hearing the judge will try to identify the issues and see whether they can be narrowed, or whether it is possible to help the parties reach an agreement. Where this is not possible, the court will consider what further evidence is required to help it make a decision. The court may then direct CAFCASS or the Local Authority to provide a report setting out their recommendations. It might also direct the parties to file statements setting out their positions, so that these can be better understood.
- Step 6: Ultimately, unless the parties have managed to agree matters, a final hearing will be listed at the conclusion of which the Judge will make a decision based on the evidence that has been presented to them. The order made will be legally binding on the parties and a failure to comply may result in enforcement.
What will the court consider before making a Specific Issue Order?
When the court considers an application for a Specific Issue Order, any decisions it makes will be determined by what is in the best interests of the child. The child’s welfare is paramount when weighing up whether or not to make an order.
The court will consider a number of factors when deciding whether to grant a Specific Issue Order including:
- The child’s wishes and feelings.
- The welfare and safety of the child.
- The child’s emotional, physical and educational needs.
- The potential effect of any changes in the child’s circumstances and the risk of harm.
- The capability of each parent to meet the child’s needs.
- The parent’s relationship with the child and how they would be able to support the child’s best interests.
- The age, sex and background of the child.
Other factors may also be considered depending on the facts of the case and the type of order sought.
How long does a Specific Issue Order last for?
Specific Issue Orders can remain in place for a prescribed period of time or until the child reaches 16 years old unless there are exceptional circumstances that warrant an extension until the child reaches 18 years of age. The order cannot be in place if the child is in the care of the Local Authority. The court can vary or discharge a Specific Issue Order if there has been a change in circumstances or if the order is no longer necessary or in the best interests of the child. Either party can make an application to the court to have the order varied or discharged.
How much does it cost?
There is a court fee on any application for a Specific Issue Order which is currently £263.
There will also be cost for legal representation, if you require representation or assistance.
In some circumstances legal aid might be available. In this respect eligibility is a complex issue but we are always happy to discuss whether a person might qualify and to assist them with an application.
It can be advisable to apply for a Specific Issue Order as early as possible if a decision must be made by a particular date, for instance if there is a disagreement regarding what school a child should attend. In such cases the application should be made, if possible, not less than 4 months before the application is required for a school place, as court proceedings can take time to conclude.
Specific Issue Orders can be a complex area, and it helps to have an understanding legal team on your side. The Family Team at Lyons Davidson have a wealth of experience with private law children matters and will be happy to assist you in applying for a Specific Issue Order. Please contact us on 0344 251 0070. You can also email us at [email protected].
Nothing in this article constitutes legal advice. Please be aware that the relevant law may have changed since the date of publication of this article.
