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Occasionally when parents break up they can’t agree on aspects of their children’s upbringing, e.g. schooling, medical treatment, holidays and so on. In that event, if you really can’t sort things out, you can apply to the court for what’s called a Specific Issue Order. As it says, that’s an order to regulate a specific issue. Sometimes parents might not be able to agree on what school their children should go to. It’s also not uncommon for a parent to ask for a specific issue order to allow them to emigrate to another country. In that connection it’s worth bearing in mind that married couples need each others' consent to remove children from the UK for anything more than a holiday. If you are a parent and your former partner is about to take your children to another country you may need our help urgently.
Where there are contentious issues arising in respect of parental rights and responsibilities, administration of a child’s property, or, in respect of guardianship matters, these may be considered and regulated by the court by means of a specific issue order. Often these are brought to resolve issues concerning education, religion, consent for medical procedures or perhaps the question of the child emigrating with the resident parent. The court may make such an order where the child is below 18.
The court will have regard to the welfare of the child as its paramount consideration and will operate on the “no order principle”. That is, it is bound not to make any order unless it is satisfied that it is better to make an order than that none should be made. Such orders will deprive a person of his parental responsibilities and rights only in so far as it is necessary to give effect to the order. That is, a person is not deprived of his existing parental rights, he is bound only not to act in any way which is incompatible with the order. Any person with parental responsibilities and rights may seek a specific issue order, but it is also open to anyone who claims an interest in the child to seek such an order. Examples include siblings, other relatives or medical practitioners. The child himself may seek an order to remove a parent from decision making on a specific matter so long as he has legal capacity. Local authorities are unable however to seek such an order. Their powers are covered specifically in Part 2 of the Children (Scotland) Act 1995.
As its name suggests, this type of order is used when the Court is asked to resolve an issue relating to the children, other than residence or contact, where parents cannot agree.
This type of order would be applicable were you and your ex-partner unable to agree which school to send your children to, whether the children should go to a particular place of worship, whether or not a particular type of medical treatment should be used, or if either parent wished to ask the Court´s permission to change a child´s name.
If you had a Residence Order made in your favour, and you wanted to take the children abroad for more than a month, you would need to get the Court´s permission by way of a Specific Issue Order if your ex-partner objected.
Similarly, if you were the non-resident parent, and you wanted to take your children on holiday and your ex-partner objected, you should approach the Court to ask their permission. You would do this by applying for a Specific Issue Order.Any parent, guardian or holder of a Residence Order in relation to the children can apply for a Prohibited Steps Order.
If you are using a solicitor, they will do this for you. Otherwise, download and complete the Form C100. Print and sign three copies of the form.
Check how much the court fees are (currently £200), and either take a cheque, postal order or cash for that amount when you go to your local family court.
It will assist both you and the judge if you write a brief Position Statement. Try to keep the position statement to two to three pages, setting out briefly why you are applying for contact, and why you believe it to be in the children´s best interests. Be factual, and try to be objective in what you write, and the language you use.
A position statement is not essential, but it helps inform the judge, briefly and ideally succinctly, why you are applying for the order, and can assist you in court so you do not forget any points you wish to raise.
Before setting off for the court building, ensure you have with you:
- Three completed and signed copies of the forms;
- The cash, cheque or postal order to pay the court fee;
- Three copies of your Position Statement.
- Hand in the court forms, fee and position statement to the court´s administration department.
