Specific issue orders

A specific issue order is an order that of the family court that deals with something specific concerning a child’s welfare or upbringing. This is usually where parents with parental responsibility cannot agree. It is also known as a section 8 order. Some common examples are:

• Whether the court should permission for a child to travel overseas or relocate
• A change in the child’s name
• The school where the child should attend
• What medical treatment the child should have

In most cases the parents can agree these issues but if they cannot, the family court will consider whether to make a specific issue order. To do so, the judge must always consider what is in the child’s best interests and welfare.

A specific issue order directs what a parent must do. It is different from a prohibited steps order which directs what a parent must not do.

You can apply for this type of child order is you have parental responsibility.
If you do not have parental responsibility for the child, you can ask the family court for permission to apply for an order.

To make an application for a specific issue order you need to complete a form called, C100.

This will set out information about:

• The child you are seeking an order about
• The background details to include information about both parents
• Importantly, the reasons why you think such a children order is necessary
• What you are asking the family court to do and further directions to manage the case

You will then usually need to take steps to serve the other parent with your court application and to give notice of the hearing date.

The family court will then be hearing the reasons for and against the application and the judge will then decide what order to make, if any.

It is common for the family court to direct both parents to prepare and file statements of evidence in support of their case. In some situations, the family court will also appoint a welfare officer, called a CAFCASS officer to prepare a report in respect of the child, to look at the welfare checklist and to provide recommendations to the court. The Court’s primary consideration is always the best interests of the child.

A specific issue order can remain in place for a defined period of time until the specific issue has been resolved or until the child reaches the age of 18.

After the court has made its decision, the order will set out the steps that the parties must take to comply with it. Breach of an order may result in that parent being in contempt of court, and who may then be fined or imprisoned.

It is important that you seek independent legal advice to consider what options are available to you and to promote your child’s best interests. You can also make applications for different types of child orders including child arrangements and other protective orders for you or your child.

We are specialist solicitors in children law. We are widely recognised as leaders in this field and have expert lawyers who also specialise in international children cases. We are ranked in Tier 1 of the Legal 500, 2024 and James Maguire is a Fellow of the International Academy of Family Lawyers.