Introduction
A Specific Issue Order may be granted when parents or carers ask the court to decide on a specific issue relating to the child’s upbringing.
This is a section 8 order, an order made by the family court in Children Act 1989 proceedings to resolve disputes regarding a child’s upbringing or well-being, in situations where parents or guardians with parental responsibility cannot agree or a person with parental responsibility is estranged and lost contact.
When to apply for a Specific Issue Order:
Typically a specific steps order is used for:
- Medical treatments or surgery for the child
- Taking the child abroad temporarily or permanently
- Restricting someone’s contact with the child
- Choosing between public or private schools or disputes over faith-based schooling.
- Deciding on vaccinations, treatments, or surgeries.
- Seeking to change a child’s surname.
Who can apply for a Specific Issue Order?
Eligibility to apply for a Specific Issue Order extends beyond parents. Stepparents, legal guardians, and anyone named on a Child Arrangement Order also have the right to apply. However, those without parental responsibility will require court permission.
Grandparents, siblings, relatives, or individuals with a significant connection to the child can also apply, provided they first seek the court’s permission using Form C2.
How to apply for a Specific Issue Order
- Before applying, attending a Mediation Information and Assessment Meeting (MIAM) is mandatory in most cases (unless an exemption applies) to determine if mediation could resolve the issue outside court.
- If mediation is not successful, or you are exempt, the next step is to file the application with the Family Court.
- To apply for a specific issue order you need to fill in a C100 form. It is crucial to provide ample evidence to support your application
What happens after summitting an application
After filing the application, the court typically schedules a first hearing (the First Hearing Dispute Resolution Appointment, or FHDRA) within 5 to 6 weeks.
Before the first hearing, the court directs a CAFCASS officer to carry out Safeguarding checks. This involves a CAFCASS officer speaking with both parties to gain their views on any safeguarding or welfare issues and making their own enquiries e.g. with the police and social services, and sometimes the school or GP as appropriate.
The first hearing aims to reach an agreement, but if that is not possible, the court may direct the CAFCASS officer of the local authority to prepare a detailed welfare report (known as a s7 report). The court may also direct the parties to file position statements or detailed witness statements outlining their positions.
The court will then list the matter for a second hearing (the Dispute Resolution Appointment, or DRA). If agreement still cannot be reached then, the court will list the matter for a final hearing. If there are welfare concerns that need determining before a final hearing the court may also list a fact-finding hearing and/or a pre-trial review hearing.
How long will the order be enforceable
Specific Issue Orders, as with all Section 8 orders, typically end when the child reaches 16 years of age unless exceptional circumstances warrant an extension until the child is 18.
It is important to note that these orders are not usually made or effective beyond the age of 16, barring special situations. Additionally, the court cannot issue these orders if the child is under the care of a local authority.
Enforce a Specific Issue Order
If a specific issue order is breached, use Form C79 to apply to the court to enforce the order, the court has several enforcement tools under the Family Law Act 1986.
- Committal for Contempt of Court: Non-compliance can result in fines or imprisonment.
- Child Recovery Orders: A court officer can retrieve a child unlawfully withheld.
- All-Ports Warning: Prevents the removal of a child from the UK without consent.
- Passport Surrender: To mitigate risks of abduction, courts may order passports to be surrendered.