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Who are specific issue orders for?
Specific issue orders can be applied for by parents or anyone with parental responsibility:
- Parents
- Step-parents
- Legal guardians
- Anyone with parental responsibility
- Anyone named on a child arrangement order
Solicitor’s tip: Those without parental responsibility can still apply for a specific issue order but will first need to seek permission from the court.
When are specific issue orders used?
There can be occasions where separated parents agree on most matters concerning their child’s future but are stuck on certain issues. In this situation, or where it arises post-separation when other decisions have already been made, one parent can apply to the family courts and ask that they make the decision on this matter instead. The court’s primary focus is the emotional impact of the dispute on the child.
If you’re concerned about your child’s emotional wellbeing and how they’ll be impacted by your separation, check out our guide on telling the kids you are getting divorced.
The court’s ruling will then be set out in a specific issue order, a legally binding form of a child arrangements order. This legal order must then be followed by all parties involved.
These orders are typically used for one-off decisions that carry long-term significance, but they are often part of a broader discussion regarding who the child lives with post-divorce and who pays the school fees after divorce. Some examples of one-off decisions include:
- Education: Which school should the child attend?
- Medical: Should the child receive specific medical treatments or vaccinations?
- Identity: Do you both agree to changing in the child’s surname?
- Travel: Can one parent take the child abroad for a holiday or relocation?
- Religion: Which religious upbringing should the child follow?
Zanariah Webster, Senior Associate at our London law office, says:
“The list is non-exhaustive and can also include emergency orders for a child to be returned to their usual place of residence.
“If the matter is not urgent, it is always advisable to engage in dialogue with the other parent ahead of making any court application.”
How to apply for a specific issue order
1) Mandatory MIAM
Before applying for a specific issue order, it’s mandatory for both parents to attend an initial Mediation Information and Assessment Meeting (MIAM).
The purpose of the MIAM is to determine whether non-court dispute resolution methods like mediation are appropriate, and gauge whether it’s possible to resolve the issue without court intervention.
Solicitor’s tip: This is a must-do step. It is only bypassed in exceptional circumstances, such as when domestic abuse is involved. Nowadays, the courts have a Costs Order power, so if one parent refuses to mediate without a good reason, they can be penalised.
2) Form C100
If mediation is unsuccessful, you can file your application for a specific issue order with the family court. This is known as a Form C100.
3) CAFCASS safeguarding appointment
Once the application has been issued (whether via mediation or a Form C100), a representative from Children and Family Court Advisory and Support Services (CAFCASS) will speak to both parties.
They will undertake some basic safeguarding checks, then send a short report to the Court summarising the outcome of their checks.
4) First hearing dispute resolution appointment
The Court will then schedule a First Hearing Dispute Resolution Appointment (FHDRA) where the case will be heard by a Judge or Magistrate.
A CAFCASS officer will usually be present. The Court will consider the safeguarding information and will encourage the parties to reach an agreement to avoid further litigation.
5) Final hearing
If the first hearing does not resolve the issue, the Court will set out how the case should proceed. The Court may order CAFCASS to prepare a report. Typically, these take about 12 weeks to prepare, and once the report is finished, the parties will attend a Dispute Resolution Appointment (DRA) to see if an agreement can be reached.
In the event that the issue remains unresolved, the case will go to a Final Hearing in which the Court will hear the evidence from the parties involved, the Cafcass officer, and other experts to make a legally binding decision. We recommend that you seek legal advice before even making an application. This is because a specialist child law solicitor can guide you through the legal process, work towards resolving issues without court intervention wherever possible, and clarify arrangements as quickly and amicably as possible.
When there is a specific matter you and your ex-partner cannot agree on, it is usually time-sensitive, so the quicker matters can be resolved, the better, especially for your child’s wellbeing.
If you want legal advice from award-winning lawyers, get in touch with our team today.
What factors do the Court take into consideration with a specific issue order?
Decisions made by the Court are centred around the child’s welfare and best interests. The Children Act 1989 outlines guidelines for judges to consider when reaching a decision:
- The wishes and feelings of the child
- Their physical, emotional, and educational needs
- The impact on the child should their circumstances change
- Characteristics including age, sex, and background
- Whether the child is at risk of harm or whether harm has already been suffered
- How capable the child’s parents are of meeting their needs
How long does a specific issue order take?
Currently, a specific issue order can take between 24 hours for life-threatening situations, to 6-12 months for more complex cases.
As a specific issue order typically answers one specific question, the court aims to prioritise these. However, current backlogs can impact the speed they are approved.
How much is a specific issue order?
The court fee for a specific issue order that uses a Form C100 is £263. On top of this, you will also have to pay for solicitor’s fees.
How long does a Specific Issue Order last?
A family court-specific issue order usually ends when a child reaches 16 years of age or, in exceptional circumstances, it can last until the child reaches 18 years of age. In some cases, the court can set the order for a specific period of time, for example, if it is an order about travelling abroad with the child.
How is an SIO different to a prohibited steps order?
A prohibited steps order is another form of a child arrangements order. While the process is similar to a specific issue order, the purpose is different.
A specific issue order is made to agree on a particular course of action, while the purpose of a prohibited steps order is to prevent action, such as:
- Removing a child from school
- Changing their surname
- Taking them out of the country
If you’re not sure which would be best for your circumstances, our lawyers are happy to help. As the UK’s largest team of dedicated family solicitors, you’re in safe hands with us. Reach out to our team today.
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Charlotte Brown and the team at Stowe Family Law have been brilliant since day 1. When I came to them I had been contemplating self representation due to costs, but allowing them to help has been worth every penny.
When I instructed Charlotte I was depleted and terrified, dealing with a very difficult ex partner and on my own in the UK with no family support. Charlotte was calm and patient throughout every hurdle and was a listening ear many times. I felt very much shielded from conflict as well as far as possible which I am extremely grateful for.
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I had to change my solicitors, that's why I met Kate Bouwmeester at Stowe Family Law. I wish I had her as my solicitor from the very beginning. My financial matter was handled by Kate. Also, she gave me advice on children matters. Kate understood what my expectations were and honestly handled the matter cost-effectively. Kate had been brilliant when it came to clarity and details. She was quick with responses. I would highly recommend Kate Bouwmeester if you are looking for a solicitor for your marital conflict. Unlike some other solicitors, Kate Bouwmeester is able to advise on all matters - divorce, finances and children. I believe that these three matters are linked to one another and having one solicitor, rather than two, for all these matters is more efficient and cheaper. Thank you Kate for helping me
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