Specific Issue Orders are a type of court order that resolves a dispute between a child’s important adults. It is an order which says something must happen to a child. Find out more about this type of order in our essential guide.
A big part of being a parent is having to pretend that you know what you are talking about. We all fear that one day someone will come up behind us, tap us on the shoulder and whisper in our ear “You have no idea what you’re doing do you!”.
The truth is that if the tap on the shoulder ever came they’d be right! No one has written a guide to being the perfect parent, we are all winging it, acting with the pretence of confidence and hoping nobody notices that, deep down, we all know we don’t have a clue!
So don’t feel bad about not having all the answers when it comes to your children. No one does, so we cannot be surprised when things don’t always go to plan. You’re not perfect and neither is your ex so sometimes you are not going to agree on what’s best for your child.
When this happens, and the issue you don’t agree on is something important, such as whether the child should change their name, receive medical treatment, be taken abroad, speak a certain language or practise a specific religion, then emotions can flare which can make it difficult to see things objectively.
If you need help making decisions about a child you can ask a court to decide for you by applying for a Specific Issue Order.
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What is a Specific Issue Order?
A Specific Issue Order is a court order made by the family court which makes a clear, enforceable decision about something that must happen to a child, obliging those who hold parental responsibility for a child to exercise it in a particular way.
It decides, as the name suggests a ‘specific issue’ that has either arisen or is likely to arise in the future.
Examples of how a specific issue order can be used include:-
- A child shall have an operation or receive a vaccination;
- A child shall practice a particular religious belief;
- A child should go to live with their father in Poland permanently;
- or a parent should be allowed to take their child abroad for a holiday.
An application for a specific issue order can be made on its own, just to decide that particular dispute, or can be applied for as part of other proceedings and of course, a court can make a Specific Issue Order of its own volition if it feels it is necessary to prevent a dispute arising in the future.
Specific Issue orders can be confusing so our guide provides a full explanation of this aspect of family law, answering many of the most common questions people have.
How much does it cost to apply for a specific issue order?
An application for a specific issue order will cost you £232 as this is the standard application fee set by the courts and unfortunately, no one escapes paying this fee one way or the other.
When considering the cost for a specific issue order you need to take into account more than just the £232 application fee required by the court as this is only the minimum you’ll have to pay, and assumes you’ll be preparing the application yourself, managing your case, maintaining any bundle, representing yourself in court and producing any statements required without any professional assistance.
That’s fine if that is your plan but you need to understand what your needs and capabilities are and how they will be paid for as part of your decision to apply for a specific issue order.
If you are on a low income for example you may be eligible for help paying court fees and if you qualify you might have some or all of the application cost paid for you.
You might also qualify for legal aid which is public funding to help people who cannot afford to pay their own legal costs and who need access to the court system.
If you are eligible, legal aid will help you cover the cost of your application, any mediation and will provide you with legal representation in court.
Legal aid is increasingly difficult to obtain however you can check to see if you might by searching for “do I qualify for legal aid“ online.
You should always check your eligibility for legal aid but if you do not qualify it’s well worth finding out how much professional legal support will cost you and getting a few quotes to help you decide if this is an option for you.
It is always your premium option to have legal support however it is not cheap.
If cost is an issue for you you might want to look at doing most things yourself but paying for help on the more technical aspects. For example, you might feel comfortable making the application yourself and dealing with any case management hearing unrepresented, but have someone give you initial advice to make sure you know what you are doing, or to instruct a barrister to represent you for the hearing where the final decision will be made.
If you properly understand what you need to do and know your abilities and limitations then you can be confident with getting help with the bits you can’t do yourself. You don’t have to just throw money at someone and let them deal with every aspect of your application, it’s fine nowadays to stand your ground and be specific with what you want to pay for and what you don’t to help you save money.
Remember, since the legislative reforms which led to drastic legal aid cuts in private law family cases the courts are used to people representing themselves, and because all they care about is what is best for your children you’re the expert in the room.
However, these are factors you should consider when deciding to make an application to the court and determining the effort you will put into attempting to resolve your dispute by other means, such as via mediation.
How Do I Apply For A Specific Issue Order?
To apply for a specific issue order, you need to complete the C100 application form, and under the heading named “Nature of Application” tick the “Specific Issue Order” box.
You’ll need some basic information such as your child’s name and date of birth, and the same information about yourself and the other parent.
You’ll also need to clearly and succinctly be able to explain what the decision you are asking the court to make is.
If there is any complexity to the application process it lies in the rest of the form within the more technical detail and in your specific circumstances.
It might be harder to provide some of the information requested if you are not heavily involved in your child’s life or if there are other circumstances which mean you cannot answer all the questions fully.
A common situation is where the person applying for a specific issue order does not have contact details for the other parent. The court requires this as they need to be able to give the other parent notice of your application and any future hearings.
You might know their name and date of birth, but they might not have told you where they live or they could have moved home, changed their phone number or email address and not told you.
The key to applying for a specific issue order is to provide as much information as you can, it is great if you do but you’re not expected to know every detail of their lives.
The more information you can provide the better, and not knowing their contact details will certainly slow things down, but if you give the information you do have the court will do the rest.
Obviously, when it comes to specific Issue Orders, there can be situations where time is of the essence. You still have options however even if you don’t have all the information asked for.
You could for example make a Seek and Find application to ask the court to track them down based on things such as their benefit claims, tax records, and registration for council tax. Alternatively, you can request the court act urgently and arrange a hearing sooner than it otherwise might.
In extreme situations you can ask the court to hold a hearing quickly, and without your ex being there so you can ask the court to make a temporary decision until it can get the information it needs or to find your ex and make sure they attend so their views can be taken into account before a final decision is made.
If any of these issues are relevant to you then you should get in touch with us but generally, you should just provide the information you do have and leave the court to worry about the rest. It will let you know if there is anything more it requires you to do.
The same applies to many of the other questions that are asked in the application. You might not know if your child is known to the local authority, the names or date of birth of your ex’s children from previous or subsequent relationships or if your ex has a solicitor. That is perfectly fine, if you don’t know just leave it blank, your application won’t be refused if you do not answer these questions.
One area you absolutely must address is the section on mediation.
Anyone making an application to the family court must attend a special meeting, called a “Mediation Information and Assessment Meeting (MIAM), before they are allowed to make their application, unless they have a reason not to.
There are lots of reasons you might not need to attend a MIAM.
You should carefully read this section and be confident in applying for any exemption. If the court does not agree with you they will make an order obliging you to undergo mediation on your dispute which will cause considerable delay.
We have produced detailed guidance on the MIAM process and its exemptions which you should read if you are unclear.
Once your application is completed, you have attended a MIAM or confirmed an exemption applies you are free to submit your application.
If you are applying online you can do this by completing the statement of truth and paying the application fee. The court will contact you shortly after you submit your application letting you know when your first hearing will be.
How Long Does a Specific Issue Order Last?
A Specific Issue Order is not a permanent order so it will only last until the child reaches 16 and will automatically expire at that point, although you can apply at any point before then to have the effect of the order varied or removed entirely as your situation or need for the order changes.
This is because by the age of 16 a child is generally capable of making their own decisions and choices.
Prior to its expiry, the court can also be asked to extend the order beyond the age of 16 if needed but this generally requires exceptional circumstances.
As a result, the court would not make a specific issue order for a child if that child has already reached age 16 and it would be very slow to make an order for a child who was approaching 16 years old.
Who can apply for a Specific Issue Order?
Whilst the actual process for applying for a specific issue order is relatively simple, not everyone can just make an application.
There are two categories of person who can apply for a Specific Issue order and the process is slightly different for each so you need to understand which category you fall into.
People who the law believes have a sufficiently close or important relationship with the child are considered to have a statutory right to apply for a specific issue order, whilst everyone else comes under the second category of person who needs to ask for permission to apply.
In general terms, a child’s parents can always apply and that right is irrelevant of any issues surrounding parental responsibility.
A child’s step-parent, any appointed guardian or anyone with whom the child has lived for three of the last five years may also apply as of right, this is to say by simply filling out the application form.
Notably, a grandparent has no automatic right to apply for a Specific Issue Order for their grandchild and they, like everyone else, may only apply for an order if they have the consent of every other person who holds parental responsibility for the child, or failing that, with the permission of the court.
The full list of those people who may apply for a Specific Issues Order without permission from the court is below:-
- Any parent, guardian or special guardian of the child;
- Anyone who has parental responsibility for the child;
- Anyone who is named in a Child Arrangement Order that is currently in force as the person with whom the child lives;
- Anyone who was a party to a marriage or civil partnership, whether still in force or not, in relation to which the child is a child of the family – this allows step-parents to apply as of right;
- Anyone with whom the child has lived for a period of 3 years within the past 5 years (must include the last 3 months);
- Anyone who has the consent of the person named in a Child Arrangement Order as the person with whom the child lives;
- If the child is in the care of a local authority any person with the permission of that authority;
- In every other case a person who has the consent of every person with parental responsibility for the child.
Anyone who doesn’t fall within one of the above must ask the court for permission to apply for a specific issue order.
How do I ask for the Court's permission to apply for a Specific Issue Order?
Having determined that you don’t have an automatic right to apply for a Specific Issue Order with respect to a child you must ask the courts permission to make your application.
The application form which is used to apply for a Specific Issue Order asks whether the applicant is entitled to apply or if they require permission and it is as simple as ticking the box stating you need permission and are asking for it in the application.
You can then fill out Form C2 to accompany your application form.
This form is the application to join or leave existing proceedings or to request permission to apply.
Submit your C2 and C100 together and the court will contact you.
In deciding whether the application should be allowed the court may hold a short hearing to consider what the person is applying for, how that might affect the child and the nature of their connection to the child.
They are likely to also seek the views of the child’s parents or anyone else who holds parental responsibility, such as a local authority.
What happens after I submit my application for a Specific Issue Order?
After you submit your application to the court it will go through a validation process which will check your application and decide if you have provided sufficient information for your application to proceed.
This process will be kind to you but if there is not sufficient information to allow the court to proceed you will be contacted and asked to provide further information.
This may delay the processing of your application so it is important to provide as much information as you can and to ask for help if you need it to make sure there will be no avoidable delay, including making any other application which might be required along with your application for a specific issue order.
Once your application has been validated you will be sent a copy of your application along with an information booklet and a notice of hearing which will tell you the date and time of your first hearing, along with details of how to obtain joining instructions if the hearing will be a remote or virtual hearing.
Letters from the court will refer to you as the ‘Applicant’ and the person or people you have the dispute with will be the ‘Respondent(s)’.
The respondent will also be sent a copy of your application form, the notice of hearing and an acknowledgement form which allows them to tell the court their views on your application.
The court will also send a copy of your application and the notice of hearing to an organisation called Cafcass (or Cafcass Cymru in Wales) who will contact you before your first hearing and will talk to you, and any respondent.
Cafcass will write a short report, called a Safeguarding Letter, setting out what you both told them, highlighting any relevant police or local authority involvement and giving their initial thoughts and recommendations to the court suggesting what it might like to consider doing next.
How will the court decide my application for a Specific Issue Order?
The Children Act 1989 lists a number of issues which are at the forefront of the court’s mind at all times in determining any applications before it.
These are: –
- the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);
- his physical, emotional and educational needs;
- the likely effect on him of any change in his circumstances;
- his age, sex, background and any characteristics of his which the court considers relevant;
- any harm which he has suffered or is at risk of suffering;
- how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;
- the range of powers available to the court under this Act in the proceedings in question.
This list is called the ‘Welfare Checklist’ and it guides the court in making any decision about your child.
The court will also consider what is called the ‘no order principle’ which is to say that a court will not make an order unless it considers that doing so would be better for the child than making no order at all.
Are there any risks when applying for a Specific Issue Order?
A court order should always be a measure of last resort and one of the main reasons for this is the court’s ability to make an order of its own volition.
Irrelevant of what you apply for you may end up with an order neither of you wants.
You could well have applied for an order for one thing but if a court thinks the best thing for your child is that they do the exact opposite that is what will happen.
The court will make whatever order it thinks your child needs. This includes Specific Issue Orders and it is well within the court’s power to make an order in anticipation of a forthcoming dispute between a child’s parents.
For this reason alone anyone considering applying for a specific issue order should seek professional advice.
