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Family and Relationships

What is a Specific Issue Order?

Summary

Disagreements between parents are not uncommon. So, what happens when an agreement cannot be reached over an issue concerning a child between separated or divorced parents? A Specific Issue Order is a court order made under the Children Act 1989. It's used to resolve disputes between parents or guardians who share parental responsibility and cannot agree on a specific issue related to their child's upbringing or welfare. Common issues that a Specific Issue Order can address include :- * Education \- decisions about the child's school, education provider, or educational needs. * Medical Treatment \- consent to medical treatment, including surgery. * Name Change \- changing the child's name. * Travel \- authorising travel abroad, either temporarily or permanently. * Religious Upbringing \- decisions about the child's religious upbringing. * Contact Restrictions \- limiting or restricting contact between the child and a specific person. Typically, parents, step-parents, guardians, or anyone with parental responsibility can apply. In some cases, even without these roles, you might be able to apply with court permission. If you and the other parent can't agree on a child-related.

Key information

  • Education \- decisions about the child's school, education provider, or educational needs.
  • Medical Treatment \- consent to medical treatment, including surgery.
  • Name Change \- changing the child's name.
  • Travel \- authorising travel abroad, either temporarily or permanently.
  • Religious Upbringing \- decisions about the child's religious upbringing.
  • Contact Restrictions \- limiting or restricting contact between the child and a specific person.
  • Mediation \- before making a court application, you must usually attend a MIAM. This is a meeting with a qualified mediator to explore whether mediation could resolve the issue without court proceedings. There are some exceptions where a MIAM is not required.
  • Court Application \- if mediation is unsuccessful or not appropriate, you can file a Specific Issue Order application with the Family Court. This is typically done using a C100 form and requires providing supporting evidence.
  • First hearing \- usually takes place within 5-6 weeks of the application. A CAFCASS officer will conduct safeguarding checks, speaking to both parties and relevant agencies.
  • Second Hearing (DRA) \- if an agreement isn’t reached at the first hearing, the court may order a CAFCASS welfare report (s7 report).Both parties may need to file position statements or detailed witness statements.
  • Final Hearing \- if agreement is still not possible, the court will list the matter for a final hearing to make a decision. In some cases, the court may order a fact-finding hearing or a pre-trial review hearing.
  • The wishes and feelings of the child

Practical guidance

  • Source: [What is a Specific Issue Order?](https://www.taylor-rose.co.uk/posts/what-is-a-specific-issue-order)

Related topics

Courts and DisputesDivorceFamily and RelationshipsChildrenFamily Law

Sources

  • Taylor Rose — [What is a Specific Issue Order?](https://www.taylor-rose.co.uk/posts/what-is-a-specific-issue-order) — `raw/taylor-rose/family-law-what-is-a-specific-issue-order.md`

This is signposting information from the Legal Shaman wiki, not legal advice. Always consult a qualified solicitor for your situation.

What is a Specific Issue Order? | Ask the Shaman | Legal Shaman