What is a Specific Issue Order?

When parents disagree on a particular aspect of their child's upbringing, the court may issue a Specific Issue Order to resolve the matter.

But what is a Specific Issue Order, and how does it work?

In this article, we will explain everything you need to know about Specific Issue Orders, including why they might be needed and their potential impact on family dynamics.

We will provide clear, practical information to help you understand the process.

What’s a Specific Issue Order?

A Specific Issue Order is a type of order issued by the family court in England and Wales under Section 8 of the Children Act 1989.

It is designed to resolve a specific dispute between parents (or other individuals with parental responsibility) regarding a child's upbringing.

The order addresses one particular issue, rather than covering broader parental responsibilities.

Situations where a Specific Issue Order might be required include:

• Deciding where a child should go to school.

• Determining if a child should undergo a specific medical treatment.

• Resolving disagreements about religious upbringing.

• Deciding whether a child can move within the UK or abroad.

The court’s main concern when making any decision is the welfare of the child.

This is guided by the welfare checklist, which considers factors like 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 offer clarity and help prevent extended disputes that could adversely affect a child’s wellbeing.

By addressing a particular disagreement, they enable parents to concentrate on creating a stable environment for their child.

When might you need one?

A court order is a document outlining the decisions made by a court.

However, orders contain orders.

For instance, you might be applying for contact (or 'spends time with' in modern terms) with your child.

But you can also apply for other things at the same time – such as a Prohibited Steps Order (which instructs someone not to do something) or a Specific Issue that does the opposite.

If you’re not already in the court system, you’ll need a C100 form with tick boxes to inform the court of your requests.

If you are already in court, you’ll need a C2 form – this allows you to make an application in an existing application regarding children.

The downside is that if you’ve filled out and submitted your C100 form (and paid the fee), you’ll have to pay again for your C2 application to be processed.

Here are some common scenarios where you might want to make a Specific Issue application:

Sorting Out School Disputes

Education often becomes a major point of contention between parents.

It’s understandable.

Education is crucial to a child’s development, but disagreements can occur regarding 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.

Some may wish to home-school.

These disputes can intensify if the school’s location or teaching philosophy affects the child’s routine or identity.

A Specific Issue Order can resolve these disagreements by allowing the court to determine what’s in the child’s best interests.

Medical Decisions

Parents might have different views on medical treatments, especially if they involve invasive procedures or have long-term effects.

For example, one parent might want their child to receive a vaccination, while the other opposes it due to personal beliefs.

In some cases, parents might disagree on how to handle 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 also play a role here.

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 beyond).

One parent might want to relocate for work, a new relationship, or family support, but the move could affect 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.

A parent is not allowed to relocate a child out of jurisdiction (i.e., if they are habitually resident in England or Wales, they must remain there) unless a court order states otherwise or all holders of PR for the child agree to this.

Religious Upbringing

In families where parents come from different faiths, disagreements about a child’s religious upbringing can cause tension.

One parent might want 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.

Steps to Apply for One (If You're Not Currently in Court)

Applying for a Specific Issue Order involves several steps.

Here’s the typical process:

1. Attempt to Resolve Issues Outside of Court

Prior to seeking court intervention, attempt mediation.

Even if you believe it might not succeed, it's significantly less costly and stressful than court proceedings, and it is a legal requirement.

Mediation uses a neutral third party to help parents discuss disagreements and reach an agreement.

It is often quicker, less stressful, and less costly than going to court.

Typically, attending a Mediation Information and Assessment Meeting (MIAM) is mandatory before applying to court, unless there are exceptional situations like domestic abuse.

2. Submit a C100 Form

If mediation fails, you may apply for a Specific Issue Order by filling out a C100 form.

This form is filed with the family court and specifies the issue for court resolution.

You must detail the dispute, the child's circumstances, and why a court decision is necessary.

A fee is required, but exemptions may be available for those with low income or certain benefits.

If you've attended a MIAM, the mediator will complete a section of this form to confirm your attendance.

3. Court Hearings

After your application is submitted, the court will review it and set a hearing date.

During the hearing, both parents (or other parties) can present their case, provide evidence, and propose solutions.

The court might appoint a CAFCASS officer to evaluate the child's situation and offer recommendations.

CAFCASS (Children and Family Court Advisory and Support Service) ensures the child's welfare is a priority in the decision-making process.

4. The Final Decision

After reviewing all evidence and the Welfare Checklist, the court will issue a Specific Issue Order, providing clear guidance on the matter in question, prioritising the child's best interests.

Steps to Apply for One (If You're Already in Court)

If you are already in court, you need to complete a C2 form. A fee is required unless you are exempt from paying it.

Sometimes the court will allow an 'oral application,' meaning you can request during a court hearing to add this matter to your existing case.

However, you might be required to fill out a C2 form, which can take time to process.

It's advisable to address everything you need the court's assistance with at the start of your case, as it saves time, money, and effort.

While unexpected issues can arise, it's best to avoid this scenario if possible.

What does the court consider?

When determining a Specific Issue Order, the court's main focus is the child's welfare.

To make a decision, the court reviews the Welfare Checklist, which includes:

1. The child’s wishes and feelings. The court must take into account the child’s wishes and feelings, considering their age and understanding. Typically, more weight is given from age 11 or 12, but maturity and circumstances are also important. CAFCASS usually communicates with the child, though judges may intervene in special cases. The court ensures these wishes are authentic and not influenced by a parent. Wishes are one aspect and do not solely decide the outcome.

2. Physical, emotional, and educational needs. The court evaluates the child’s short- and long-term needs and determines how parents can best fulfil them, based on evidence. While physical needs are clear, emotional needs might require more in-depth assessment. Stability and adaptability to a child’s evolving needs are crucial.

3. Impact of changes. The court examines how changes like a new home, school, or court order might affect the child. Minimising disruption and maintaining stability is prioritised.

4. Age, sex, and background. The court considers the child’s age, cultural, religious, and other relevant characteristics, specific to their family context.

5. Past or potential harm. The court assesses any harm the child has suffered or may face. Harm includes mistreatment or impaired health and development. Protective measures, such as safeguarding orders, may be implemented. Allegations of domestic abuse are also carefully examined.

6. Parental capability. The court ensures both parents can meet the child’s needs, evaluating housing, parenting skills, and each parent’s dedication to prioritising the child.

7. Court powers. The court can issue a variety of orders, even those not specifically requested, such as Prohibited Steps Orders to prevent a parent from leaving the country without consent.

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These factors help ensure the court's decision supports the child’s overall wellbeing and provides stability.

What is the impact of a Specific Issue Order on your family?

Specific Issue Orders can provide clarity and resolve disputes that might otherwise lead to ongoing tension.

By directly addressing the issue, the order helps parents proceed with a clear understanding of their responsibilities and the child's needs.

To be honest, a Specific Issue Order might upset at least one of the parties involved in court.

This is one reason why parents should collaborate, remain civil, and reach compromises.

This is why it's crucial for parents to approach the process with a cooperative mindset.

Prolonged conflict can negatively affect children, so focusing on their well-being is essential.

Even after the order is issued, parents should strive to build a positive co-parenting relationship to support their child's development.

Do you need a solicitor to obtain a Specific Issue Order?

While it's not necessary to have a solicitor to apply for a Specific Issue Order, guidance and advice can be extremely beneficial.

Getting the right assistance can ultimately save you money and help you effectively present your case in court.

If hiring help isn't feasible, you can still represent yourself in court.

Many organisations, such as PAPA, offer resources and support for parents representing themselves.

With proper preparation, you can navigate the process confidently, even without formal legal representation.

Moving Forward

Specific Issue Orders are essential for resolving disputes regarding a child’s upbringing when parents or guardians cannot reach an agreement.

These orders cover areas such as education, medical care, relocation, or religion, ensuring that the child’s welfare is always the main focus.

While the process may seem overwhelming, there is support available.

From mediation to legal advice and guidance from family courts, various resources can assist you through this journey.

Keep in mind that the objective is not to “win” but to make choices that enhance your child’s happiness and wellbeing.

If you are facing a disagreement that might necessitate a Specific Issues Order, start by seeking advice.

Organisations like PAPA are here to help. You are not alone in this process.

How PAPA Can Help

At PAPA, we recognise the stress and emotions involved in handling disputes concerning children.

If you're wanting to talk to someone about your situation, then please consider joining PAPA Plus.

Our skilled and knowledgeable team of volunteers are here to assist you throughout the process, whether you need help determining what is required, preparing an application, or seeking court representation.

We provide expert guidance to help resolve issues swiftly and amicably, always focusing on your child's best interests.

If you're encountering challenges with child arrangements, specific issues, or need to prevent the other parent from taking certain actions, we offer clear, supportive, and effective guidance at every stage.

We can help you navigate these difficult times and empower you to take control of your situation with confidence, ensuring the best possible outcome for your family.

For help with your application or any other family law issue, you can join PAPA here and also gain access to our support networks, courses and other resources.

We’re here to assist you in making the right decisions for your and your child’s future.

In need of help or support?

If you are an alienated parent reading this article and feel you are in need of help and support then please make sure to join PAPA today by signing up here on our website, completely free.

This will give you access to our community support forum as well as our Resource Centre, which includes free downloadable guides to help through the process of being alienated and regaining contact with your children.

We also have a free to use Facebook support group that you can join here.

Our Facebook support group has several dedicated chat rooms where you can get immediate support.

If you are a member of PAPA you can also send us a message here on the website and we will try to get back to you as soon as possible but please bear in mind, we have hundreds of messages weekly so it may take us a while to get back to you.

Regardless of circumstance you are not alone and at PAPA we are here to support you.

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We would love for you to join us and help spread awareness for parental alienation and all of the dynamics involved so that we can continue to help parents and children towards a better future.

Our Ambassador Program allows you to grow your involvement with the cause by earning points on your membership.

To earn points we have created rewards for actions such as completing one of our courses or ordering supply.

We will be adding new rewards and actions to our Ambassador Program as we continue to grow our awareness efforts.

We want our members to feel rewarded for their support as we continue to look for new ways to improve the lives of those impacted by parental alienation.

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Thank you for reading and for your continued support of PAPA and our mission to end parental alienation.