What Is a Specific Issue Order?

What is Specific Issue Orders?

When parents separate and cannot agree on important decisions concerning their children, Specific Issue Orders can offer a legal pathway to resolve the dispute. Below, we explore what these orders involve, who can apply, and how they fit alongside other legal measures such as Prohibited Steps Orders.

A Specific Issue Order is a type of court order granted by the family court to address a particular question or disagreement relating to child arrangements. Typically, it’s used when parents (or others with parental responsibility) cannot reach an amicable agreement about aspects of the child’s upbringing. For instance:

Which school the child should attend
Whether the child should receive a particular medical treatment
Religious matters or cultural practices affecting the child’s welfare

The overarching principle is to ensure the decision aligns with the child’s best interests, as assessed by the court.

Who Can Apply for a Specific Issue Order?

Parents, step-parents, legal guardians, or anyone holding parental responsibility can make an application. In some circumstances, individuals without parental responsibility may also apply if the court grants them permission.

Examples of People Who Might Apply

Parents: Biological or adoptive, wishing the court to decide on a specific matter (e.g., choice of secondary school).
Step-parents: Those who have acquired parental responsibility or seek permission from the court.
Legal guardians: Appointed to oversee a child’s welfare, requiring clarity on certain issues (e.g. medical procedures).
Named Individuals on a Child Arrangement Order: Grandparents or relatives who hold a Child Arrangements Order.

How Long Does a Specific Issue Order Last?

Generally, a Specific Issue Order remains in effect until the child turns 16. However, in exceptional circumstances, the court may set it to last until the child is 18. Alternatively, the court can decide that the order only applies for a fixed duration, especially if the matter in dispute has a limited timeframe—such as a one-off medical procedure.

Specific Issue Orders vs Prohibited Steps Orders

Specific Issue Order

Grants permission for a certain course of action regarding a child.
Used, for example, to agree on medical treatment, educational choices, or religious considerations.

Prohibited Steps Order

Prevents one party from taking particular actions without the consent of the court or the other parent.
Used to restrict changes, such as removing a child from the UK, altering their surname, or withdrawing them from school.

Although both are forms of Child Arrangements Orders, they serve different purposes. A Specific Issue Order seeks a positive directive (“Yes, you may do X”), whereas a Prohibited Steps Order imposes limitations (“You must not do Y”).

Need Advice on Specific Issue Orders?

At HM & Co. Solicitors, our child law specialists regularly assist parents and guardians with Specific Issue Orders, helping them navigate the process and present their case to the family court. We understand these decisions can be emotionally challenging, and we aim to provide clear, compassionate guidance tailored to you and your child’s needs.

Contact HM & Co. Solicitors
186 Lower Road
Surrey Quays
London SE16 2UN

Telephone: 02071128180
Email: info@hmsolicitorsltd.com

Whether you need help understanding your options, completing the necessary forms, or representing your interests in court, we’re here to ensure every step is straightforward and focused on the best interests of the child.

Your Questions, Answered

FAQs

Specific Issue Orders FAQs

1. When are Specific Issue Orders used?

<strong>Specific Issue Orders</strong> are generally requested when separated or divorced parents <strong>cannot agree</strong> on important decisions about their child’s future (e.g. school choice, medical care). One parent can apply to the family courts, asking them to decide in the child’s best interests. The resulting decision is set out in a legally binding <strong>Child Arrangements Order</strong>, which all involved must follow.

</div>
</div>
</div>
</div>
<div class="mb-2 flex gap-3 empty:hidden -ml-2">
<div class="items-center justify-start rounded-xl p-1 flex">
<div class="flex items-center">
<div class="flex items-center pb-0"></div>
</div>
</div>
</div>

2. What are some examples of Specific Issue Orders?

Specific Issue Orders can cover various family disputes, including:
<ul>
<li><strong>Choosing a child’s school</strong></li>
<li><strong>Changing a child’s name</strong></li>
<li><strong>Vaccinations or other medical decisions</strong></li>
<li><strong>Deciding how far contact with certain individuals should be prevented</strong></li>
<li><strong>Setting rules for travel or holidays with the child</strong></li>
<li><strong>Determining arrangements for clubs and extracurricular activities</strong></li>
</ul>
</div>
</div>
</div>
</div>
<div class="mb-2 flex gap-3 empty:hidden -ml-2">
<div class="items-center justify-start rounded-xl p-1 flex">
<div class="flex items-center">
<div class="flex items-center pb-0"></div>
</div>
</div>
</div>

3. How can I apply for a Specific Issue Order?

You can apply for a Specific Issue Order under <strong>section 8 of the Children Act 1989</strong> by making an application to the Family Court. We strongly recommend seeking <strong>legal advice</strong> before proceeding—our specialist child law solicitors can guide you through the process, clarify options for reaching an agreement without court intervention (if possible), and represent you when court intervention is unavoidable.

4. What is the procedure for obtaining a Specific Issue Order?

In most cases, both parents must attend a <strong>Mediation Information and Assessment Meeting (MIAM)</strong> to see if <strong>mediation</strong> could resolve the dispute. If mediation fails or is deemed unsuitable, you can file an application for a Specific Issue Order with the Family Court.
<ul>
<li><strong>Safeguarding Checks</strong>: After the application is issued, a Children and Family Court Advisory and Support Services (CAFCASS) officer will speak to both parties, do initial checks, and provide a short report to the court.</li>
<li><strong>First Hearing (FHDRA)</strong>: A Judge or Magistrates will review the CAFCASS safeguarding information and encourage an agreement.</li>
<li><strong>Further Directions</strong>: If no agreement is reached, the court may order CAFCASS to prepare a more detailed report, typically taking around 12 weeks.</li>
<li><strong>Final Hearing</strong>: If the issue remains unresolved after a Dispute Resolution Appointment (DRA), the court will hold a final hearing. There, evidence from each party, the CAFCASS officer, and any relevant experts is considered before a legally binding decision is made.</li>
</ul>
</div>
</div>
</div>
</div>
<div class="mb-2 flex gap-3 empty:hidden -ml-2">
<div class="items-center justify-start rounded-xl p-1 flex">
<div class="flex items-center">
<div class="flex items-center pb-0"></div>
</div>
</div>
</div>

5. How does the court decide what action to take?

Decisions are always made with the child’s <strong>welfare and best interests</strong> in mind. Under the <strong>Children Act 1989</strong>, judges consider:
<ul>
<li><strong>The wishes and feelings of the child</strong> (relative to their age and understanding)</li>
<li><strong>Physical, emotional, and educational needs</strong></li>
<li><strong>Impact of any proposed change</strong> in the child’s circumstances</li>
<li><strong>Relevant characteristics</strong> (age, sex, background)</li>
<li><strong>Any risk of harm</strong> (current or past)</li>
<li><strong>Each parent’s capability</strong> to meet the child’s needs</li>
</ul>

<hr />

<strong>Need More Information?</strong>
If you’re thinking about seeking a <strong>Specific Issue Order</strong> or need advice on child law, our team at <strong>HM & Co. Solicitors</strong> can help:

<strong>HM & Co. Solicitors</strong>
186 Lower Road
Surrey Quays
London SE16 2UN

<strong>Telephone</strong>: 02071128180
<strong>Email</strong>: <a rel="noopener">info@hmsolicitorsltd.com</a>

We’re here to ensure the best outcome for you and your child—whether by aiming for amicable agreement or guiding you through the court process when necessary.

</div>
</div>
</div>
</div>

<< 1 >>

Services

Our Divorce Services

Children’s Solicitors: Supporting You and Your Children

Children Solicitors

Book Appointment Children’s Solicitors: Supporting You and Your Children When caring for your children, you deserve support as well. Whatever challenges you face as a family—be it acrimonious or amicable—our…

What is Special Guardianship Orders?

Special Guardianship Orders

Book Appointment What Is a Special Guardianship Order? When a family crisis arises and children cannot be cared for by their birth parents, relatives or close friends might need to…

What is Child Custody Agreements?

Child Custody Lawyers

Book Appointment Children’s Solicitors: Supporting You and Your Children When parents separate, one of the most difficult and emotional questions they face is how to arrange the care and upbringing…

Social Services & Care Proceedings: What You Need to Know

Social Services & Care Proceedings

Book Appointment Social Services & Care Proceedings When social services become involved due to concerns for a child’s welfare, the resulting process—often referred to as child care proceedings—can be stressful…

International Child & Family Law

Book Appointment International Child & Family Law When parents separate and one or both have ties overseas, international family law can play a major role in shaping child custody and…

What Our Clients Are Saying

I have been using HM & Co. Solicitors since Feb 2020 for my Non-Molestation order and Child Arrangements proceedings. Since using them I have had two amazing solicitors on my case, Felicia and Ayesha. This has been the first time I have ever been to court and had been quite nervous, especially due to the sensitivity of the proceedings. Felicia and Ayesha have been nothing but patient, professional and understanding. I have felt very supportive and reassured throughout the proceedings and they have made sure that I understand what is going on throughout all the hearings. If anyone is ever needing of legal help relating to Domestic Violence or Child Arrangements, I will always recommend HM & Co. Solicitor, Felicia and Ayesha. Thank you again for all your help and support!

Love to say a massive thank you to HM & Co.Solicitors for a job well done on my two cases, really excited with the way my case was handle by Miss Daisy was amazing with good communication with client, very supportive, professional. I will recommend them to anyone experiencing legal/family issues and need legal advice/support. Miss O Adesina.

HM & Co. Solicitors are so helpful from receptionists right to the solicitors. I've had a few applications made to the court, which includes a non molestation order, recovering my son's passport from his dad and also arranging visits and Felicia is such a professional, organised solicitor who knows her staff so well. She is a blessing and willing to help. She thinks outside the box, and finds solutions in the blink of an eye! Besides her expertise in this field, she will not hesitate to speak up and stand firm when necessary. I am very grateful for her and the company who are so supportive and helpful. Highly recommend!

HM & Co. Solicitors provided an excellent service when supporting us to purchase a flat (where we are first time buyers). Michael, our solicitor, explained the process clearly so it was not stressful, and acted efficiently to speed up the process. He also ensured we did not exchange immediately due to uncertainty over building works, which saved us a lot of money in the long-run. His judgement calls were excellent and ensured we came out with the best deal possible. I would not hesitate to work with HM &Co Solicitors again.

Shocked and surprised! I entered the HM & Co Solicitors on Lower Road in what can only be described as a highly agitated state. I had been told a variety of information from another company and had been told I needed services from a solicitor. After explaining my situation to the gentleman I now know as Mr Hakeem Ayantayo (solicitor) he advised me that I did not need his services and to offer them to me for monetary gain would be against good public practise. He offered me friendly advice and even briefly spoke on the phone to the other company who were trying to make things difficult for me. Ultimately the situation I was in was resolved due to Mr Ayantayo and his due diligence. Mr Ayantayo could have taken advantage of my ignorance and lack of lawful knowledge but instead showed me kindness and support all while not fleecing me! Which in this day and age is a rarity! My sincere thanks to Mr Ayantayo and his lovely secretary you have restored my faith in not only the local business community but people in general.

What is Specific Issue Orders?