Specific Issue Orders

From time to time parents, step-parents or others who hold parental responsibility for a child may disagree on certain decisions that need to be made in relation to that child. 

Common issues that can arise between those who share parental responsibility include:

• Where a child is to go to school;
• What medical treatment and/or vaccinations a child should have;
• Whether a child’s name should be changed;
• What religion or culture, if any, a child should follow;
• Whether a child should be taken on a foreign holiday or relocate; and
• Who should hold a child’s important documents, such as their passport.

In the event that those who share parental responsibility are unable to agree, they can attempt to resolve the issue through:

1. Direct discussions with each other
2. Mediation
3. Solicitor led negotiation

In the event the matter still cannot be agreed or where there is some urgency, an application may be made to the court for a Specific Issue Order.

An application for a Specific Issue Order is governed by Section 8 of the Children Act 1989.  When the court is presented with such an application it will start by considering three main principles;

•  The child’s welfare is of paramount importance;
•  Any delay in dealing with the application is likely to prejudice the welfare of a child; and
•  The court will only make an order where it considers that doing so would be better for the child than making no order at all.

The court will have regard to the child’s best interests and will apply the ‘welfare checklist’.

The welfare checklist includes

• The wishes and feelings of the child concerned, depending upon their age and understanding;
• A child’s physical, emotional and educational needs;
• The likely effect on the child of any change in their circumstances;
• A child’s age, sex, background and any other characteristics that the court consider to be relevant;
• Any harm which the child has suffered or is at risk of suffering;
• How capable each of the child’s parents, and any other person whom the court considers the question to be relevant, is of meeting a child’s needs; and
• The range of powers available to the court under the Children Act 1989.

In some circumstances more weight will be attached to one factor above the others, and in circumstances where the court is presented with an application relating to the change of a child’s name or permanent relocation both within and outside England and Wales, additional factors will apply. 

Specific Issue Orders can relate to a one-time event, such as taking a child abroad on holiday, or to long-term issues that will have an ongoing effect on the child such as relocating to a new area.