Specific Issue Order

When parents separate or divorce, it is not uncommon for disagreements to arise about how their children should be raised. While many families are able to reach agreements amicably, sometimes disputes become entrenched and require legal intervention. One of the most important tools the Family Court has to resolve such disagreements is a court order known as a Specific Issue Order.

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What Is A Specific Issue Order?

A Specific Issue Order is an order made by the family court to resolve disputes between the child’s parents regarding issues such as:

The child’s education, for example, which school they should attend, whether they should be privately educated, or whether home-schooling is appropriate.
What medical treatment or surgery the child should receive, including disputes relating to vaccinations, surgery, or other significant healthcare decisions.
Whether the child should have a religious upbringing and, if so, which faith they should be raised in.
Whether one parent should be able to take the child abroad for a holiday or relocate with them permanently.
Whether the child’s name should be changed.

As their name suggests, Specific Issue Orders (which you may also hear being referred to as section 8 orders) focus on a particular aspect of the child’s upbringing. Put simply, if the child’s parents cannot agree on an important decision about their child, they can ask the court to intervene and make that decision for them. It is important to note that Specific Issue Orders are concerned with significant decisions, as opposed to day-to-day choices relating to matters such as what the child should wear or what time they should go to bed. The court will not generally step in to resolve minor disagreements of this nature.

What Will The Court Consider When Making A Specific Issue Order?

As with any application concerning a child, the court’s main concern when making a Specific Issue Order is the child’s best interests. The judge will not concern themselves with what would be fair to the parents, but merely with protecting the child’s welfare.

To help guide its decision, the court will consider a range of factors, which include the following:

The wishes and feelings of the child (considered in light of their age and understanding).
The child’s physical, emotional, and educational needs.
The likely effect on the child of any change in circumstances.
The child’s age, sex, background, and relevant characteristics.
Any harm the child has suffered or is at risk of suffering.
The capability of each parent (and any other relevant person) in meeting the child’s needs.
The range of powers available to the court.

Are There Any Alternatives To Applying For A Specific Issue Order?

Yes, it is not always necessary to resort to a court hearing to resolve a disagreement between a child’s parents over a specific aspect of the child’s upbringing. Parents are actively encouraged by the court to explore alternative methods of dispute resolution to settle their issue, such as the following:

Family mediation, which is where an independent third party helps the parents to find common ground.
Family arbitration, which is where an arbitrator makes a binding decision outside of a court setting.
Collaborative law, which is where the parents each instruct a specially trained solicitor and negotiate the issue in structured meetings.

These approaches are usually quicker, more cost-effective and, crucially, less adversarial than litigation. As a result, they tend to place less stress on those involved, including the children.

Can A Specific Issue Order Be Changed?

Yes, a Specific Order can be changed by making an application to court if circumstances change or the original order is no longer in the child’s best interests.

How Can We Help With Specific Issue Orders?

Any issues relating to a person’s child can be highly emotive and stressful. Such matters must be carefully handled to avoid them escalating and placing significant strain on family relationships. At Birch & Co, we have decades of experience in assisting clients in handling disagreements with their child’s other parent over aspects of the child’s upbringing. We firmly believe that issues of this nature are best resolved amicably, through agreement between the parents wherever possible. That way, the child’s parents can concentrate on raising their child instead of becoming embroiled in expensive, drawn-out court processes.

We will always seek to identify the most appropriate form of alternative dispute resolution method in your circumstances, and we will work tirelessly to achieve your desired outcome without recourse to litigation. However, if agreement proves impossible, we will guide you through the court process, providing first-class representation and supporting you every step of the way.