A specific issue order is an order under Section 8 of the Children Act 1989 that directs how a particular question relating to a child's upbringing is to be resolved. It is used where parents with parental responsibility cannot agree on an important decision about their child and need the court to make the decision for them.
Specific issue orders can cover any significant decision about a child's upbringing where the parents cannot agree. Common uses include determining which school a child should attend, whether a child should receive a particular medical treatment, whether a child should be brought up in a particular religion, whether a child's surname can be changed, and whether a child can be taken abroad to live.
An application for a specific issue order is made using Form C100. CAFCASS will carry out a safeguarding check and, depending on the complexity of the issue, may prepare a Section 7 report. The court will consider the matter and make the decision that best serves the child's welfare.
Before making an application, it is worth considering whether the dispute can be resolved through mediation. Specific issue applications can be expensive and time-consuming, and courts expect parties to have genuinely tried to resolve the matter before turning to litigation. However, where the decision is urgent, such as a dispute about medical treatment, or where one parent is simply refusing to engage, an application to the court is the appropriate step.
The court applies the welfare checklist from the Children Act 1989. For school disputes, it will consider which school better meets the child's educational and social needs. For medical treatment disputes, it will consider the medical evidence about the treatment and its alternatives. For religious upbringing disputes, it will consider the child's established practice and the potential impact of any change.
A specific issue order resolves a particular dispute about a child's upbringing where the parents cannot agree. Common uses include school choice, medical treatment, and surname changes. Applications are made using Form C100. The court decides on the basis of the child's welfare. Mediation should be considered before making an application.
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