A Specific Issue Order provides a way to resolve a dispute in how a child is brought up. It is used to resolve specific issues or questions and gives permission to a person applying for the order to make decisions without the permission of the other parent. This could include a change to the name of a child, whether the child should receive vaccinations, or religious education requirements. This type of court order is granted by the Family Court.
You can apply for a Specific Issue Order if you have a parental responsibility to the child (see our FAQ section below). However, if you do not have parental responsibility, it may be possible to gain permission from the court to apply for a SIO.
If you are currently engaged in a dispute over the upbringing of your child, Reeds Solicitors can advise you whether a Specific Issue Order would be the best way to proceed. For legal advice and representation, please contact us through our contact page here. Alternatively, you can phone 0333 240 7373, or email us at info@reeds.co.uk.
FAQs:
In What Circumstances Would a Specific Issue Order Be Used?
A Specific Issue Order can be used in any serious and specific decision in a child’s upbringing.
There are times when parents cannot agree on decisions regarding the upbringing or wellbeing of a child. In cases where the dispute relates to a specific issue, a parent can ask the court to make the decision. During the hearing, the family court will consider what would be in the child’s best interest. The final ruling of the court will be detailed in a Specific Issue Order which must be followed by all parties involved.
Examples of disputes that can be resolved by a Specific Issue Order include:
- Changes to a child’s name – such as the child’s surname subsequent to a divorce.
- Permission to take a child abroad.
- Whether a child should receive vaccinations or other types of medical treatment or intervention.
- Where and which school a child should attend.
- Decisions to the education of a child – such as religious education.
- Preventing a person from having contact with the child.
Who Can Apply for a Specific Issue Order?
The following people may apply for a Specific Issue Order (SIO)
- Parents
- Step-parents
- Legal Guardians
- Anyone with parental responsibility
- Persons named on a Child Arrangement Order
Can I Apply for a Specific Issue Order if I am Not a Parent nor Hold Parental Responsibility?
In short, yes. You may still apply for a Specific Issue Order if you do not fall into one of the categories above, though you will have to gain permission from the court prior to applying for a Specific Issue Order.
If you need advice regarding specific issue orders, please contact us through our contact page here. Alternatively, you can phone 0333 240 7373, or email us at info@reeds.co.uk.
How Do I Apply for a Specific Issue Order?
Before applying for a Specific Issue Order you will need to attend a Mediation Information Assessment Meeting (MIAM). This may be attended together or separately from the person you’re seeking the order against. The aim of mediation is to provide a final attempt to resolve matters before progressing the matter to court.
A Mediation Information Assessment Meeting may not be required if there has been violence within the relationship, or if there is a lack of availability for a mediator.
If mediation is unsuccessful, we advise you to speak with a family solicitor who can advise you and start to draft an application for a Specific Issue Order. The application is usually issued to the court which covers the area where the child lives. The court will arrange a First Hearing and a Dispute Resolution Appointment. For the hearing to progress, the court must believe that making a SIO is better for the child than not making an order. If your matter is urgent then procedures exist for the court to deal with it immediately.
The court may instruct a CAFCASS officer to prepare a report. This provides a balanced opinion and independent recommendation about the application and the welfare of the child.
All court decisions made about children are based on what the court considers is in the best interests of the child. Specific Issue Orders automatically end when the child is 16 years old, unless there are exceptional circumstances.
How Do I Oppose a Specific Issue Order Being Made?
A person with parental responsibility will automatically receive copies of the application. Those with parental responsibility are entitled to:
- Attend the court hearings.
- Have legal representation.
- Make their objections known to the court.
A person without parental responsibility will need to ask the court for permission to become party to the proceedings. This will allow them to be present in court and make their objections known.
What Happens at a Specific Issue Order Hearing?
If the matter progresses to a final hearing, each parent will provide evidence in the Family Court. They will be asked questions (under oath) by the opposing side. In most circumstances, the Cafcass officer’s report will settle matters before this final hearing.
In rare circumstances, the judge may settle against the recommendations made in the Cafcass report. In these circumstances the judge will provide reasons for his judgement. The decision can be challenged by a judicial review if the judge has made an error of law in coming to their ruling. This is a complex legal procedure and would require detailed legal advice before making a claim.
Contact a family solicitor through our contact page here. Alternatively, you can phone 0333 240 7373, or email us at info@reeds.co.uk.
How Much Does It Cost for a Specific Issue Order?
The application fee for a Specific Issue Order is £255 and is likely to cost around £3000-£5000 plus VAT. However, this is only an estimate and the progression and complexity of the case can alter this amount.
For more information on the costs of Specific Issue Orders, please contact one of our solicitors on 0333 240 7373, or email us at info@reeds.co.uk.
What Is a Specific Issue Order by Consent?
When an application for a Specific Issue Order is made, the parties must reach an agreement. Both parties must consent to the application and reach an agreement for a Specific Issue Order to be successful.
How Can Reeds Solicitors Help?
Our solicitors can prepare the application and submit it to the Court. After this, they will represent you at Court or instruct a Barrister to attend all the Court hearings. We will advise and assist you throughout the procedure.
Our family solicitors understand exactly how stressful and distressing disputes around a child’s wellbeing and upbringing can be. Whilst you may have your child’s best interests at heart, it can be difficult to put across what you want for your child and why. Whatever your situation, we are there to support you through each step of the process.
Those that require emotional support through the process, we can refer onto one of our trusted partners; including counsellors or psychotherapists.
For further advice and excellent representation, please contact us through our contact page here. Alternatively, you can phone 0333 240 7373, or email us at info@reeds.co.uk.
