Specific Issue Orders for Parents

Specific Issue Orders are orders that parents pursue from the family proceedings court to resolve a matter in connection with the exercise of Parental Responsibility. These orders can cover a wide range of issues that you and your ex-partner cannot agree on, which can include:

• Changing your child's name
• Decisions about their education
• Decisions about particular medical treatment or operation
• Whether they should receive religious or non-religious education
• Taking your child to live abroad on a permanent basis
• Preventing someone from having contact with your child

What the Court Will Do

As in all cases, the court’s main concern is for the welfare of the child. The court will always put the child’s best interests first and this will determine the outcome of any application for an order. Applications for a Specific Issue Order are heard before a judge and a representative from Cafcass (Children and Family Court Advisory and Support Services Officer) who is a qualified social worker. The purpose of this initial meeting will be to reach an agreement between the parents on the relevant issue, and both parents need to consent.

When a Judge will Make an Order

If the judge or magistrate believes that one of the parents may do something without seeking the other’s consent, he or she may make a Specific Issue Order themselves. In addition, the judge may make a Specific Issue Order if one parent is being irresponsible in their care of the child, such as leaving the child with someone unsuitable.

Directions For Hearing

If the situation is not resolved after the first meeting, then the parents and the Cafcass officer will need to go before a District Judge to start proceedings for a hearing. The parents should be accompanied by their legal representatives and will need to submit witness statements. Following interviews with both parents, the Cafcass representative officer will prepare a report which should settle matters.

Full Hearing

However, if no agreement can be made, there will be a final hearing and both parents will be required to give evidence in the Family Proceedings Court.

For more information, see the page on www.CourtroomAdvice.co.uk.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Parental Rights Checker lets you check your legal rights as a parent on education, health and welfare decisions. Try it now →