Key Takeaways
- A specific issue order is a family court order that settles one defined question about a child’s upbringing, made under section 8 of the Children Act 1989.
- It is commonly used for disputes over schooling, medical treatment, religion, changing a child’s surname and relocation, including taking a child abroad.
- Anyone with parental responsibility can apply without permission. Others, such as grandparents, usually need the court’s permission first.
- The child’s welfare is the court’s paramount consideration, and you must normally attend a MIAM before applying using form C100.
When parents separate, most everyday decisions about the children carry on being made without much difficulty. Every so often though, one important question brings everything to a halt.
Which school should your child go to?
Should they have a particular medical treatment?
Can one parent move to the other end of the country, or abroad, and take the children with them?
When two people who share parental responsibility cannot agree on a single decision like this, a specific issue order is one way to break the deadlock.
A specific issue order is a court order that answers one defined question about a child’s upbringing. It sits under section 8 of the Children Act 1989, the same part of the law that gives us child arrangements orders and prohibited steps orders.
Keep reading to find out what a specific issue order is, when the court will make one, who can apply and how a judge reaches a decision. You will also see how to apply, and how to avoid letting a single disagreement turn into a long and costly court battle.
And if you would rather talk it through first, our family law solicitors offer a free 30-minute consultation to help you understand where you stand before you commit to anything.
What does a specific issue order do?
A specific issue order gives directions to settle a specific question that has arisen, or that might arise, about any aspect of parental responsibility for a child. That definition comes straight from section 8 of the Children Act 1989.
The key word is specific. The order does not deal with the broad picture of who the child lives with or how often they see each parent. It answers one particular question, and once the court has ruled, that question is settled.
Because the order resolves a single issue, it tends to be used when parents agree on most things but have reached a genuine impasse on one decision that cannot simply be left unanswered.
The court can be asked to decide almost any question that falls within parental responsibility. In practice, a handful of issues come up far more often than the rest.
- Schooling, including which school a child attends, a move between schools, or whether a child is home educated.
- Medical treatment, such as a vaccination, an operation or another course of treatment that one parent supports and the other opposes.
- Religious upbringing, where parents follow different faiths or disagree about religious practice.
- Relocation, where one parent wants to move with the child to another part of the UK or to live abroad.
- Taking a child on holiday outside England and Wales when the other parent will not consent.
- Changing a child’s surname.
Relocation and taking a child abroad are among the most sensitive of these.
The court will look closely at the practical plan, including dates, accommodation and return arrangements, and at whether there is any risk the child might not be brought back, particularly where the destination is outside the UK.
How does a specific issue order differ from other section 8 orders?
It helps to see where a specific issue order sits alongside the other two orders a family court can make about children.
A child arrangements order deals with the bigger questions of who a child lives with and how much time they spend with each parent. A specific issue order, by contrast, answers one defined question about how the child is raised.
A prohibited steps order works almost in mirror image. Rather than directing that something should happen, it stops a parent from taking a particular step, such as removing the child from the country or changing their school, without the court’s permission. The same underlying disagreement can sometimes be framed either way, and the right order depends on whether you are asking the court to allow something or to prevent it.
Who can apply for a specific issue order?
Anyone with parental responsibility can apply for a specific issue order without needing the court’s permission first. That includes the child’s mother, a father with parental responsibility, a guardian or special guardian, a step-parent who has acquired parental responsibility, and anyone named as the person the child lives with under a child arrangements order.
Other people, including grandparents and wider family members, can still apply, but they usually need to ask the court for permission, known as leave, before they can do so.
A specialist solicitor can tell you quickly whether permission is likely to be needed in your situation.
How does the court decide?
Whoever applies, the court approaches the decision in the same way. The child’s welfare is the court’s paramount consideration.
That principle runs through the whole of the Children Act 1989, and it means the question is never simply what either parent wants, but what outcome is best for the child.
To reach that decision the court works through the welfare checklist. This includes the child’s own wishes and feelings, considered in light of their age and understanding, their physical, emotional and educational needs, the likely effect of any change in circumstances, and any risk of harm. The court also follows the no order principle, which means it will only make an order where doing so is better for the child than making no order at all.
There are limits. The court will not usually make a specific issue order for a child aged 16 or over unless the circumstances are exceptional, and it cannot make one while the child is in the care of a local authority.
How do I apply for a specific issue order?
Court is generally a last resort. In most cases you must attend a Mediation Information and Assessment Meeting, or MIAM, before you apply.
The MIAM is a meeting with a trained mediator to look at whether your dispute could be settled without a hearing. You may be exempt from this step where there has been domestic abuse or where the matter is genuinely urgent.
If mediation is not suitable or does not resolve things, the application is made to the family court using form C100, the same form used for child arrangements and prohibited steps orders under section 8. The current court fee is £263, though help with fees is available if you are on a low income or certain benefits.
Court fees change from time to time, so it is worth confirming the figure on GOV.UK before you apply.
After the application is issued, Cafcass carries out initial safeguarding checks before the first hearing, which is usually a First Hearing Dispute Resolution Appointment. The court will try to help both parents reach agreement, and only where that is not possible will the case move towards a final hearing for a judge to decide.
Our child arrangements solicitors can guide you through each stage, and you can read more about how we help on our child arrangement order page.
What if I need to act urgently?
Some situations cannot wait for the standard timetable.
If you have good reason to believe a child is about to be taken abroad without consent, or that an urgent decision about medical treatment needs to be made, it is possible to ask the court to deal with the matter as an emergency. These applications can sometimes be heard within days, and in the most pressing cases on the same day.
If you think you are in that position, take legal advice as soon as you can rather than waiting.
Speak to a family law solicitor about specific issue orders
Disagreements about a child’s schooling, health or where they live are some of the hardest a parent can face, and getting the approach right matters. Whether a specific issue order is the correct route, or whether another section 8 order or mediation would serve you better, is not always obvious at the outset.
At Osbourne Pinner, our family law solicitors help parents resolve these disputes with as little conflict as possible, keeping the focus on the child’s welfare while protecting your position. We will explain your options clearly, advise on the strength of your case and represent you if the matter does reach court.
Please note that this article is for informational purposes only and does not constitute legal advice. We always recommend speaking to a qualified solicitor for advice tailored to your specific circumstances.
We offer a free 30-minute consultation to discuss your situation. You can speak with us via video call or visit our offices in Harrow, Canary Wharf, Piccadilly Circus or Manchester. To arrange your consultation, call 0203 983 5080, email [email protected] or complete the form below.
