Specific Issue Orders: A Guide for Parents

1. Introduction

A specific issue order allows the court to decide a particular issue of importance about a child when parents cannot agree. Section 8 of the Children Act 1989 allows the family court to make such orders.

Usually, such orders are made following a dispute between parents who have separated, though technically they can involve other persons, such as a child’s legal guardians.

The key principle underlying such orders is that neither parent has a higher degree of parental responsibility than the other. Each has an equal right to be consulted on and contribute to a significant decision concerning the child. If the parents cannot agree, then the court can intervene.

2. What decisions does a specific issue order cover?

Specific issue orders typically deal with decisions such as:

Such orders do not deal with where a child lives or who they spend time with; those questions are handled through child arrangements orders. The orders may be made through a standalone application, or as part of wider children proceedings involving other orders.

Specific issue orders are often paired with prohibited steps orders. Whereas specific issue orders set out what must happen (e.g. that a child may relocate overseas with a parent), prohibited steps orders lay out what must not happen (e.g. one parent must not remove a child from the other parent’s care).

3. How does the court make a decision?

Under section 1 of the Children Act 1989, the welfare of the child is the court’s paramount consideration. In making specific issue orders, the court considers the factors in the welfare checklist, including:

• the child’s wishes and feelings, relative to their age and understanding
• the child’s physical, emotional, and educational needs
• the likely effect of any change in circumstances
• the child’s age, sex, background, and any relevant circumstances
• any harm the child has suffered or is at risk of suffering
• the capability of each parent to meet the child’s needs

The court weighs these considerations differently depending on the child in question. For example, a child’s physical needs may be given more weight in a dispute concerning medical treatment.

4. Education

Disputes around educational matters often concern the type of education a child will receive, including whether they will attend state or private school; or whether they will receive religious or non-religious education, or even home-schooling.

In deciding the issue, the court will consider the child’s specific educational needs, as well as practicalities such as living arrangements and the location of the school.

5. Medical treatment

Parents sometimes disagree about medical matters such as elective surgery, vaccinations, contraception, and mental health treatment.

In Re JM (A Child) (Medical Treatment) [2015] EWHC 2832 (Fam), the court held that when parents disagree about a child’s medical treatment, the court must decide the matter using an objective test of the child’s best interests, understood broadly to include medical, emotional, sensory, and instinctive factors. Although there is a strong presumption in favour of prolonging life, it is not decisive and may be outweighed by suffering and poor quality of life. Each case is fact-specific, and doctors’ and parents’ views are considered.

As regards vaccinations, in M v H (Private Law: Vaccination) [2020] EWFC 93, the court held that routine NHS-recommended childhood vaccinations were generally considered to be in the best interests of otherwise healthy children. The court stated that a broad range of welfare factors must be considered, however, the court would be unlikely to find that immunisation was not in a child’s best interests unless there was either (a) credible new medical science or peer-reviewed research raising significant concerns about the efficacy or safety of a vaccine in question, or (b) a clearly evidenced medical contraindication specific to the child.

6. Religious matters

Family law recognises that parents may raise children in ways that others view as undesirable.

When courts assess a child’s best interests, they use general community standards, whilst also allowing space for families to hold different religious, moral, social, and secular values – so long as those values stay within what the law and community standards permit.

In Re G (Children) [2012] EWCA Civ 1233, the court confirmed that the law tolerates a wide range of parenting standards, including parenting that is eccentric, inconsistent, or only just adequate. Where the legal boundary sits between tolerable parenting and parenting that justifies state action is often disputed; there is no simple “bright-line test” (a single clear rule) because family situations are too varied to define with rigid, universal criteria. However, this flexibility has limits. Practices that conflict with the law or public policy, such as forced marriage, will not be permitted.

7. Name changes

A child’s surname cannot usually be changed without the consent of everyone with parental responsibility. A specific issue order may therefore be made where agreement cannot be reached.

As one judge said when considering a name change, “A forename and surname together represent a person’s essential identity.” (see Re B and C (Change of Names: Parental Responsibility: Evidence) [2017] EWHC 3250 (Fam) at [33]).

The court will therefore evaluate a change of name in light of factors such as heritage and culture, gender, religion, and relationship with and connection to each parent. It will also give high regard to the welfare of the child and, if appropriate, their wishes and feelings.

If the parents have an existing child arrangements order determining with whom the child should live, an application to change a surname should be made under section 13 of the Children Act 1989, rather than through a specific issue order.

8. When to consider making a specific issue order application

Applications are most commonly made by parents, but step-parents, guardians, and others named in a child arrangements order may also apply. Those without parental responsibility must first obtain the court’s permission.

In practice, a parent may make day-to-day decisions, but significant decisions require consultation with others who have parental responsibility. As the court made clear in Re G (Parental Responsibility: Education) [1994] 2 FLR 964, on such matters, there is a duty to consult with the other holders of parental responsibility.

9. How to apply for a specific issue order

Before applying, you must usually attend a Mediation Information and Assessment Meeting (MIAM) to explore whether the dispute can be resolved without court proceedings. This requirement does not apply in certain cases, including where there is evidence of domestic abuse.

If agreement cannot be reached, you can apply to the court using a C100 form. The current court fee is £263.

Once an application is issued, CAFCASS will carry out initial safeguarding checks and may speak with both parents before providing a short report to the court.

The first hearing, known as the First Hearing Dispute Resolution Appointment (FHDRA), usually takes place within 4–6 weeks. While some cases are resolved at this stage, most proceed further.

If necessary, the court will give directions for further evidence, which may include a detailed welfare report. The case might then proceed to a final hearing, where the court will make a binding decision; however, there may be additional hearings between the FHDRA and the final hearing.

10. Post-order enforcement

Orders take effect immediately and are legally binding. Failure to comply may result in contempt of court.

Orders usually last until the child turns 16, unless discharged earlier or extended in exceptional circumstances.

If there are changes in circumstances after an order is made, the court may vary or discharge the order if it is no longer necessary or in the child’s best interests.

11. How we can help

If you are facing a disagreement about an important decision concerning your child, such as education, medical care, or religious upbringing, then our specialist family barristers can assist at every stage.

• Advice and strategy: clear, practical guidance on the strength of your case, likely outcomes, and the best way to resolve the dispute.
• Drafting: preparation of applications, witness statements, and supporting evidence.
• Representation: expert advocacy at all court hearings, including the FHDRA, fact-finding hearing, dispute resolution appointments, directions hearing, and final hearing.

We work on direct access. This means you can instruct our barristers directly without going through a solicitor. This can save time and reduce costs, while still giving you access to specialist support. Find out more about our direct access offering here.

We represent clients in London, Birmingham, Milton Keynes, Northampton, Bedford, Luton, and across the UK.

You can contact us to book an initial consultation.

This page is subject to the terms of our website disclaimer.