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Disagreements between parents are not uncommon. So, what happens when an agreement cannot be reached over an issue concerning a child between separated or divorced parents?
A Specific Issue Order is a court order made under the Children Act 1989. It's used to resolve disputes between parents or guardians who share parental responsibility and cannot agree on a specific issue related to their child's upbringing or welfare.
Common issues that a Specific Issue Order can address include :-
Education - decisions about the child's school, education provider, or educational needs.
Medical Treatment - consent to medical treatment, including surgery.
Name Change - changing the child's name.
Travel - authorising travel abroad, either temporarily or permanently.
Religious Upbringing - decisions about the child's religious upbringing.
Contact Restrictions - limiting or restricting contact between the child and a specific person.
Typically, parents, step-parents, guardians, or anyone with parental responsibility can apply. In some cases, even without these roles, you might be able to apply with court permission.
If you and the other parent can't agree on a child-related decision, a Specific Issue Order might be necessary. The court will prioritise the child's best interests when making a decision.
Mediation - before making a court application, you must usually attend a MIAM. This is a meeting with a qualified mediator to explore whether mediation could resolve the issue without court proceedings. There are some exceptions where a MIAM is not required.
Court Application - if mediation is unsuccessful or not appropriate, you can file a Specific Issue Order application with the Family Court. This is typically done using a C100 form and requires providing supporting evidence.
First hearing - usually takes place within 5-6 weeks of the application. A CAFCASS officer will conduct safeguarding checks, speaking to both parties and relevant agencies.
Second Hearing (DRA) - if an agreement isn’t reached at the first hearing, the court may order a CAFCASS welfare report (s7 report).Both parties may need to file position statements or detailed witness statements.
Final Hearing - if agreement is still not possible, the court will list the matter for a final hearing to make a decision. In some cases, the court may order a fact-finding hearing or a pre-trial review hearing.
The Courts considerations regarding any specific issue application will always consider the criteria set out in Section 1 of the Children Act 1989. These considerations are known as the welfare checklist, which includes:
The wishes and feelings of the child
The physical and emotional needs of the child
The effect of any proposed order upon the child
The age, sex, and characteristics of a child
The risk of harm towards any child
The capability of the parents to meet the child’s needs
The range of orders available to the Court
In short, the above can be summarised in a simple question; “Is the order in the child’s best interest?”
If the parent has parental responsibility (in the legal sense) for a child, in the absence of any agreement the parent who is taking the holiday must make an application for permission from the Court. If they take the child outside of the jurisdiction of England and Wales without either permission of everyone with parental responsibility, or with an Order of the Court, they could be guilty of child abduction under the Child Abduction Act 1984. This requirement for permission also extends to things like school trips outside of England and Wales. Fortunately, a number of schools are becoming alive to these issues as they undergo further training.
The court will look at where the child is spending majority of the time and the practicalities of getting the child to and from school. It will consider the school itself, attainment, and any concerns.
Applications regarding relocation considers the child’s quality of life so will look at:
Quality of housing
Job prospects of the parent who intends to move
Schooling
The ability to maintain a relationship with the absent parent
With the above in mind, if parents can reach an agreement between themselves, it is going to prove a much quicker and far less costly option. If not, all avenues need to be fully explored by taking the matter to Court.
If you need lawyers to advise on a specific issue application, we have a highly experienced team of family lawyers based in over 20 locations in England & Wales. If you would like additional information on the above, please contact us.
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