What Is a Specific Issue Order?

When disputes arise over important decisions regarding a child’s upbringing, a Specific Issue Order (SIO) can provide a legally binding resolution. These orders form part of the Children Act 1989 and empower the family court to make determinations on specific matters concerning a child’s welfare when parents or carers cannot agree.

At Your Family Time Matters, we understand that disagreements over decisions affecting your child can be emotionally charged and complex. Whether you’re unsure about how to proceed or need help navigating the court process, we’re here to support you with clear, practical guidance.

What Does a Specific Issue Order Cover?

A Specific Issue Order addresses a particular aspect of a child’s upbringing. It does not deal with broader contact or residency arrangements – these are typically managed through a Child Arrangements Order.

Common examples of issues that might require a Specific Issue Order include:

• Whether a child should receive a particular medical treatment

• Which school a child should attend

• Whether a child can be taken abroad on holiday or moved to live in another country

• Whether a child should follow a particular religion

• Whether a child’s name should be changed

These matters can arise within the context of wider family disputes or as standalone concerns. The court’s focus is always on the best interests of the child.

Who Can Apply for a Specific Issue Order?

The following individuals are entitled to apply for a Specific Issue Order without needing the court’s permission:

• A parent or legal guardian

• A person with Parental Responsibility

• Anyone named in a Child Arrangements Order as a person with whom the child lives

Other individuals, such as grandparents or extended family members, may apply but will usually need to first obtain the court’s permission (called “leave of the court”).

What Does the Court Consider?

When deciding whether to grant a Specific Issue Order, the court considers the welfare checklist set out in Section 1 of the Children Act 1989. This includes factors such as:

• The wishes and feelings of the child (considered in light of 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 characteristics the court considers relevant

• Any risk of harm

• The capability of each parent or party in meeting the child’s needs

The court’s paramount consideration is always the welfare of the child.

How to Apply for a Specific Issue Order

Applications are made using Form C100, which is also used to apply for other orders under the Children Act 1989, including Child Arrangements Orders and Prohibited Steps Orders. In most cases, applicants are required to attend a Mediation Information and Assessment Meeting (MIAM) before submitting their application, unless exemptions apply (e.g. in cases involving domestic abuse).

If mediation is not suitable or fails to resolve the issue, the application can proceed to court. The court process typically involves:

• Completion and submission of Form C100

• A first hearing (known as a FHDRA – First Hearing Dispute Resolution Appointment)

• Further hearings or directions, if required

• A final hearing where the court makes a decision

How We Can Help

At Your Family Time Matters, we provide practical support and guidance to help you apply for a Specific Issue Order, whether you are making the application yourself or responding to one made by another party. We do not provide financial advice or legal representation, but we specialise in:

• Helping you understand your rights and options

• Preparing your application, including Form C100

• Supporting you through the mediation and court process

• Assisting with evidence gathering and documentation

This year alone, we’ve supported families dealing with international issues, including those involving Nigeria, Jamaica, Spain, the United States, Poland and Thailand. We can assist with issues relating to child arrangements, relocating abroad, and disputes over schooling, religion or medical treatment.

Frequently Asked Questions

Can I get a Specific Issue Order to stop my ex from taking my child abroad?

No – that would typically be done through a Prohibited Steps Order, which prevents someone from taking a particular action. However, if you are seeking permission to take a child abroad, a Specific Issue Order may be appropriate.

Do I need Parental Responsibility to apply?

Yes, unless you obtain permission from the court. Most parents automatically have Parental Responsibility, but it’s important to confirm your legal status before applying.

How long does a Specific Issue Order last?

This depends on the circumstances. Some orders are time-limited (e.g. relating to a specific holiday), while others may last until the child turns 16 or 18.

Can the court refuse to make an order?

Yes. If the court believes that making an order is not necessary to promote the child’s welfare, it can refuse to intervene.

If you're unsure whether a Specific Issue Order is right for your situation, we can help you explore your options. At Your Family Time Matters, we are committed to helping families find child-focused solutions during difficult times.