Specific Issue Order
Specific Issue Order
A Specific Issue Order (also known as a Section 8 Order) is a legal order made by the family court to resolve disputes about a child’s upbringing. It is typically used when parents or guardians with parental responsibility cannot agree on important matters concerning the child’s well-being.
What Issues Can a Specific Issue Order Address?
A Specific Issue Order can cover a wide range of decisions, including:
- Education: Deciding which school the child should attend.
- Medical Treatment: Determining whether a child should undergo medical treatments or surgery.
- Changing the Child’s Name: Agreeing on a name change for the child.
- Travel: Allowing or restricting the child from being taken abroad temporarily or permanently.
- Religious Upbringing: Decisions about the child’s religious upbringing.
- Contact: Restricting or limiting someone’s contact with the child.
Who Can Apply for a Specific Issue Order?
The right to apply for a Specific Issue Order extends beyond parents. Stepparents, legal guardians, and anyone named in a Child Arrangements Order can also apply. However, individuals who do not have parental responsibility must seek the court’s permission before applying. This ensures that all individuals with a significant role in the child’s life can use it if necessary.
What Is the Process of Applying for a Specific Issue Order in Family Court?
1. Mediation Information and Assessment Meeting (MIAM): In most cases, applicants must attend an MIAM before applying to determine whether mediation could resolve the issue outside of court.
2. Filing the Application: If mediation fails or you’re exempt from mediation, you can file the application with the Family Court using a C100 form. You’ll need to provide supporting evidence for your application.
3. CAFCASS Safeguarding Checks: The court typically schedules the first hearing within 5 to 6 weeks of applying. Before the hearing, a CAFCASS officer conducts safeguarding checks, which may involve talking to both parties and gathering information from relevant authorities, such as the police or social services.
4. First Hearing: The goal of the first hearing is to reach an agreement. If this isn’t possible, the court may direct a detailed welfare report (s7 report) or require both parties to file statements outlining their positions.
5. Further Hearings: If the dispute remains unresolved, the court may schedule a second hearing (Dispute Resolution Appointment, or DRA), and if necessary, a final hearing. In cases of welfare concerns, the court may also order fact-finding or pre-trial review hearings.
How Do Courts Evaluate Applications for Specific Issue Orders?
When evaluating a Specific Issue Order application, the court prioritizes the child’s best interests. It follows the welfare principle and uses the welfare checklist, which includes:
- The child’s wishes and feelings, considering their age and understanding.
- The child’s physical, emotional, and educational needs.
- The likely effect of any change in circumstances on the child.
- The capability of the parents or guardians to meet the child’s needs.
How Long Does a Specific Issue Order Last?
Specific Issue Orders generally remain in effect until the child reaches 16. However, the order may be extended in exceptional circumstances until the child turns 18. These orders are usually not applicable beyond 16 unless extraordinary circumstances exist. Additionally, the court cannot issue these orders if the child is in the care of a local authority.
What Is the Difference Between a Specific Issue Order and a Child Arrangement Order?
A Child Arrangement Order determines where a child will live and who they will spend time with, while a Specific Issue Order focuses on resolving specific disagreements about a child’s upbringing. While both are issued under the Children Act 1989, they serve different purposes in family law.
What Is the Difference Between a Specific Issue Order and a Prohibited Steps Order?
A Specific Issue Order authorizes an action regarding the child’s upbringing (e.g., taking the child abroad), while a Prohibited Steps Order prevents a specific action from being taken (e.g., preventing a parent from moving the child abroad or changing their school without consent). The latter is used when a particular decision needs to be halted.
Legal Advice: Navigating Specific Issue Orders Effectively
Given the complexity of Specific Issue Orders, it is highly recommended that you seek legal advice to understand your position and the best course of action. A family law expert can offer guidance tailored to your situation, helping to resolve disputes amicably and efficiently.
For expert legal support, reach out to Kayson Solicitior’s team of child law specialists.