Specific Issue Orders

Sometimes parents cannot agree on decisions relating to their children’s upbringing which can lead to various difficulties between them.

If parents are not able to resolve matters between themselves, they may need to apply to the court for a Specific Issue Order. This type of order permits the court to decide on a dispute or specific issue that the parents are struggling to agree on. Specific Issue Orders can be used to make decisions relating to a child’s education, residence, religious upbringing or medical treatment.

We can provide comprehensive legal information and support regarding matters such as:

  • Mediation Information Assessment Meetings and mediation generally
  • Applying for a Specific Issue Order
  • Assistance where a Specific Issue Order is broken

At Barcan+Kirby, our highly rated Family Law team support clients across the UK from our offices in Bedminster, Bishopston, Bristol city centre, Kingswood and Thornbury. If you need support with a Specific Issue Order or any other family law matter, we can offer sensitive, clear expertise to get your family to where you need to be.

To speak to one of our experts, please contact us on 0117 325 2929 or complete our online enquiry form.

What is a Specific Issue order?

Where parents cannot agree on a particular aspect of their child’s upbringing, an application can be made for a Specific Issue Order, to determine the issue that is in dispute.

In most cases, the disputing parents are first required to attempt mediation to resolve the issue out of court. Where mediation is not successful, it may then be necessary to apply to the court to obtain a Specific Issue Order.

Such orders can be used to determine various different matters, including:

  • Where a child will live
  • Where a child will attend school or any other disputes concerning a child’s education
  • Disagreements about a child’s medical care or treatment
  • Whether or not a child will have a religious upbringing
  • A change of name

Looking for more information? Please see our Specific Issue Order FAQs or get in touch to discuss your case with a member of our team.

Why choose Barcan+Kirby for help with Specific Issue Orders

There are many reasons to work with our specialists if you need a Specific Issue Order, these include:

  • Extensive expertise in contentious child law matters, including in situations involving domestic abuse allegations
  • Ranked by Chambers and Partners UK for our Family/Matrimonial expertise
  • Family Law and Children Law accredited by the Law Society
  • Three members of the team are individually ranked by Chambers and Partners for their expertise
  • Ranked by the Legal 500
  • All lawyers in our Child Law team are members of Resolution, the UK’s leading professional network for family lawyers

We also have much experience working with relevant third-party professionals, helping us to ensure that we build a case as robust as possible and that both you and your children access the comprehensive support that you require.

How we can help with Specific Issue Orders

Mediation Information & Assessment Meeting

Prior to applying for a Specific Issue Order, you and your child’s other parent may be required to have a Mediation Information & Assessment Meeting (MIAM).

The idea of the meeting is to assess whether your specific issue could be suitable for a mediation process. Mediation involves attempting to resolve the issue out of court, through negotiation with your ex-partner and with the support of a trained mediator.

At Barcan+Kirby we can provide all the legal information you need about mediation and assist you through the necessary processes.

Where cases are not suitable for mediation, for example, where any domestic violence has occurred, you will not be required to attempt mediation. In this case, our solicitors can assist you to gain exemption and move your case to court proceedings.

Applying for a Specific Issue Order

If you are unable to agree with your ex-partner on a certain aspect of your child’s upbringing, we can assist you in applying for a Specific Issue Order. This essentially means that the court will make a final decision on the issue that is in dispute and that this decision will be legally binding.

There are various issues that can be settled using a Specific Issue Order, for example, matters regarding a child’s education, residence, religious upbringing, medical treatment or a change of name.

When making any decision and granting a Specific Issue Order, the court will listen to both partners’ viewpoints, collect evidence and ultimately make a decision based on the child’s best interests.

For support to apply for a Specific Issue Order, please contact our experts at Barcan+Kirby.

Assistance where a Specific Issue Order is broken

Once the court has made a Specific Issue Order, the conditions of the order must be abided by. Where a parent has failed to abide by the terms of a Specific Issue Order, there could be various different consequences, including a court-imposed fine or an enforcement order.

If an order has been granted and your ex-partner’s actions have breached the conditions of the Order, we can provide legal assistance.

Where the court has granted a Specific Issue Order that you do not agree with, it is imperative that you do not breach the terms, but instead contact our Specific Issue Order solicitors for advice and support.

Specific Issue Order FAQs

The individual who is looking to obtain a Specific Issue Order will need to complete an application, which is then sent on to the Family Court.

To obtain a Specific Issue Order, it is usually necessary for the parties to attend a Mediation Assessment Meeting. If it is decided that the case is appropriate for mediation, the parents must attempt to resolve the issue out of Court, with the support of a trained mediator.

If the dispute cannot be settled by mediation or is unsuitable for an amicable approach, the parties will need to attend Court.

The Court will review the circumstances of the case and decide whether or not to grant the Specific Issue Order and under what terms. The decision is always made with the child’s best interests in mind.

Yes, the Court can make a Specific Issue Order through its own volition if proceedings are before the Court. For example, this may be appropriate where the Court believes that one of the parents might make a key decision without first having the consent of the other parent.

In certain circumstances, the Court may make a Specific Issue Order where a parent who is responsible for a child is acting improperly and there is reason to believe that the child’s welfare or safety is at stake.

Usually, anyone with parental responsibility for a child will be able to apply for a Specific Issue Order. This may include biological parents, guardians or adoptive parents.

When the family Court is making Specific Issue Order decisions, various factors are considered. The Court will collect evidence, review the circumstances of the case and hear the viewpoints of both parties.

The most important factor that will be considered is the child’s best interests. The Court will always put the child’s welfare first when making any decision.

Useful information about Specific Issue Orders

Contact our Specific Issue Order solicitors today

At Barcan+Kirby, our highly rated Bedminster, Bishopston, Bristol city centre, Kingswood and Thornbury. If you need support with a Specific Issue Order application or any other family law matter, we can offer sensitive, clear expertise to get your family to where you need to be.

To speak to one of our experts, please contact us on 0117 325 2929 or complete our online enquiry form.

    Close

    How can we help you?


    We’re here to help. Please fill in the form and we’ll get back to you as soon as we can. Or call us on 0117 325 2929.






    • "We cannot praise Barcan+Kirby enough, especially Jeremy Fagan. We were faced with any parent's worst nightmare: our child was taken away from us.

      Jeremy was very supportive, kept us updated, and was always at the end of the phone if we needed help. We now have our daughter at home where she belongs.

      I would highly recommend anyone who may be going through something like this, to use Barcan+Kirby. Thank you. Without your support we would never have gotten through this."
      AnonChild Care Proceedings
    • "Thank you for all your assistance on this case which has been very far from straightforward. Your advice was always clear and consistent and you provided me with documents in good time to allow me to approve the same which is always very much appreciated! It has been a pleasure to work with you and your team. 

      Thank you Amber as well for all your efforts on this case and keeping me updated in Julie's absence. I look forward to hopefully working with you again.”
      AnonChildren Law
    • "From my initial appointment everyone has been so friendly and approachable. Charmaine has been so supportive through a difficult and stressful time, and I am very grateful. I would highly recommend Barcan+Kirby."
      AnonChild Arrangements Client
    • "This has no doubt been the most difficult experience of my life so far and I can honestly say that you made it easier. Your advice and support has always been incredibly helpful, honest and supportive, and I cannot thank you enough for this.

      There were times I was in such a panic but it seemed you were always able to make things clear and show me the path ahead."
      AnonChild Contact Client