What is a Specific Issue Order?

A Specific Issue Order is an order made by the Family Court, which resolves a specific issue or disagreement in respect of a child. 

A Specific Issue Order is generally sought where there is a significant dispute about a child, which parents or those with parental responsibility, are unable to resolve. A Specific Issue Order will only be granted where it is necessary and in the child’s best interests.

The duration of a Specific Issue Order varies on a case-by-case basis. An order can be time limited but often lasts until the child is 18, unless somebody applies to the Court to vary or discharge the order.

Mediation

Before a Court application can be made for a Specific Issue Order, mediation must usually be considered, unless an exemption applies. This is so that out of Court resolutions are explored before the Court is invited to adjudicate upon the issue.

Examples of matters that may be deal with under a Specific Issue Order:-

• Whether a child should receive a vaccination or certain medical treatment;
• Whether a child’s surname should be changed;
• Where a child should go to school;
• Whether a child should have a religious upbringing.

Who can apply for a Specific Issue Order?

• A parent of the child or a special guardian;
• Anyone who has parental responsibility for the child;
• Anyone who has a Child Arrangements Order stating that the child lives with them.

It is possible for others to apply for a Specific Issue Order, however the Court’s permission would be required prior to any application being made.

Breaches and Enforcement

As with any order of the Family Court, a Specific Issue Order is legally binding. Therefore, if somebody breaches a Specific Issue Order by failing to abide by it, they may be in Contempt of Court.

Contempt of Court is punishable by a fine, unpaid work requirements or imprisonment. 

If a Specific Issue Order is breached, then it will be necessary to make an application to the Court to notify the Court of the breach, and to seek action to enforce the Court Order.

Specific Issue Orders v Prohibited Steps Orders 

Both Orders are similar in that they are made by a Judge in circumstances where a certain issue cannot be agreed between parents, or those with parental responsibility.

Generally, as the name suggests, a Prohibited Steps Order prohibits somebody from doing something. For example, a Prohibited Steps Order could prohibit someone from removing a child from their current school. Another example is that a Prohibited Steps Order might prohibit a parent from letting a child undergo a certain medical procedure.

A Specific Issue Order is generally made to outline a general course of action that must be taken in respect of a child. For example, a Specific Issue Order may permit a parent to enrol a child at a new school, or it may confirm that somebody is allowed to take the child on a holiday abroad.

Both Prohibited Steps Orders and Specific Issue Orders are orders made under Section 8 of the Children Act, a piece of law.

For more information about Prohibited Steps Orders, please click here:- What is a Prohibited Steps Order? 

Can I oppose the making of a Specific Issue Order?

It is possible to oppose the making of a Specific Issue Order. These orders are only made by the Court when it is deemed necessary, and when the Court feels that it is in the child’s best interests to make the order.

How can I apply?

Please get in touch with a member of our Child Law Team if you are looking for assistance with an application for a Specific Issue Order or enforcement of a Specific Issue Order. Our child law team has experience with applying for, and contesting (opposing) the making of Specific Issue Orders. We are here to assist you every step of the way, please contact our Child Care Team on 01935 424581.