Part 4: 'Children Act' Series - Specific Issues Order

Specific Issues Order

Parents or legal guardians of a child or children may be unable to reach an agreement with regards to a particular aspect or issue relating to the upbringing of that child or children.

If you have been unable to agree the upbringing of a child or children through mediation, or if you are exempt from participating with mediation, then you can apply to the Family Court for decisions to be made, for what is in the best interest(s) of the child or children concerned.

What is a Specific Issue Order?

A Specific Issue Order is a Child Arrangements Order, but is separate to “live with” and “time spend” elements.

A Specific Issue Order is linked to aspects of parental responsibility, and can include but is not limited to:

• What name a child is known by and whether a child’s name should be changed.

• Where a child should go to school and related issues about a child’s education, including whether a child should be schooled at home.

• What medical treatment a child should receive, including medical procedures and vaccinations.

• Religious elements of a child’s upbringing.

• Permission to move abroad permanently with a child.

How is this done?

This is usually done by way of an application to the Family Court under Section 8 of the Children Act 1989.

Who can apply for a Specific Issue Order?

If you have parental responsibility for a child, then you can apply. This can include parents, legal guardians, step-parents who have parental responsibility for a child, or someone who already has a Child Arrangements Order for a child. If you do not fall into any of these categories, then you must first of all seek Court permission to file an application.

How long is a Specific Issue Order valid for?

Ordinarily, a Specific Issue Order will come to an end once a child turns 16 years of age, unless the Court Order specifies otherwise.

How can we help?

It is important that you obtain expert advice when dealing with pension division in divorce. Our team of specialist family solicitors are adept at providing you with the expert guidance you need.

If you believe you have a situation where you require legal advice, please contact us on telephone 0116 212 1000 or 01858 445 480, alternatively complete the free Contact Us form and we will get in touch as soon as possible.

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