Specific issue order

Part of: Child Custody Specialists

A specific issue order is an order granted by the family court often involving a decision being made over children where parents with parental responsibility cannot agree. It is also known as a section 8 order.

A specific issue order can be made in disputes surrounding the following circumstances:

• Whether a child should change their name
• Decisions on a child’s education and what school they should attend
• Whether a certain medical treatment or surgery should be undertaken
• Whether they should have any religious education
• Permanently taking a child abroad and
• Regular holiday travel
• Preventing someone from having contact with a child.

Who can apply for a specific issue order?

As well as parents, stepparents with parental responsibility, anyone named on a child arrangement order and guardians can apply for a specific issue order. If you fall under this scope you may want to contact our team of child law specialists for advice on applying for a specific issue order.

It is also important to note that anyone else who does not fall within the above categories can also apply for a specific issue order, however in order to do so they will require permission from the court.

Real-Life Scenarios Where Specific Issue Orders May Help

Specific issue orders address a wide range of parenting disagreements that cannot be resolved through discussion or mediation. Understanding these real-world scenarios can help parents identify when a specific issue order might be appropriate:

Religious Education and Faith Practices

When parents follow different religions or one parent converts to a new faith such as Islam, Hinduism, or Christianity, disagreements may arise about a child’s religious upbringing. A specific issue order can determine whether a child should participate in religious ceremonies, attend faith-based education, or observe specific religious practices. Courts typically consider the child’s previous exposure to religion, both parents’ traditions, and the child’s own views (depending on age) when making these decisions.

Educational Approaches and School Selection

Parents often disagree about educational choices, including:

•  Whether a child should attend a state or private school
• Selection of a mainstream or faith-based school
• Decisions about special educational provision
• Home schooling versus traditional education
• Moving a child from their established school after parental separation

These decisions significantly impact a child’s development, making them appropriate matters for specific issue orders when parents cannot agree.

Medical Treatment and Healthcare Decisions

Healthcare decisions that commonly require specific issue orders include:

• Non-emergency surgical procedures
• Orthodontic treatment
• Mental health interventions
• Alternative medicine approaches
• Vaccinations when parents have opposing views

The court typically gives substantial weight to medical professional opinions while balancing both parents’ concerns and the child’s best interests.

Name Changes Following Family Changes

After separation, remarriage, or other family transformations, one parent may wish to change a child’s surname. This might be to:

• Match a new step-family name
• Revert to a mother’s maiden name
• Add or remove a hyphenated surname
• Address identity concerns for the child

Courts approach name change applications cautiously, recognising the significance of a name to a child’s identity and both parents’ connections to their child.

How can I apply for to the family court for a specific issue order?

If you are looking to apply for to the family court for a specific issue order, then an application under the Children Act 1989 would need to be drafted and prepared to seek a child arrangement order section 8.

You would need to use a C100 form and we would advise that you load your application with evidence so secure the best possible chances; our child custody law specialist regularly advice client’s on how to best complete the form so it may be worth checking in for a free initial appointment.

What happens once a child arrangement order application or a family court specific issue order is made?

After you have lodged your child arrangement order under section 8 the Court will arrange for a hearing date to be listed within 5 to 6 weeks’ time. 

If parties cannot reach an agreement at the initial hearing the Court will often direct for parties to file statements before listing the matter for a final hearing unless there are any welfare concerns to concern. Additionally a Cafcass officer will usually interview both parents to prepare a report and parents will also submit a witness statement to the court outlining their position.

The court will make a specific issue order as part of their decision making process at the final hearing after hearing both parties case.

The factors considered when considering a child arrangement application?

The Children Act 1989 provides guidelines for judges to consider when making a decision on the child’s welfare and these are:

• Wishes and feelings of the child
• The child’s physical, emotional and educational needs
• Effect on the child if circumstances changed
• The characteristics of the child including their age, sex and background
• Whether the child is at a risk of suffering harm or any harm already suffered
• The capability of the child’s parents in fulfilling their needs

How long does a specific issue order last?

A family court specific issue order will automatically end when the child is 16 years of age unless there are exceptional circumstances for the specific issue order being issued; in which case may last until the child attains the age of 18.

There are also some restrictions on making specific issue orders which include:

• A specific issue order should not be made when a child has reached the age of 16 or have effect beyond the child reaching the age of 16 unless there are exceptional circumstances.
• If an order is extended it must come to an end once the child is aged 18 years.
• The court cannot make a specific issue order whilst the child is in the care of a local authority.

Common questions about specific issue orders

What is a child arrangement order example?

A common child arrangement order example is where the child resides with one parent and they want to take the child out of the country permanently. This could result in a specific issue order being obtained from the court to allow the primary carer to take the child out of country if it is in the child’s best interests

Another child arrangement order example is where the mother who is in custody of the child has remarried and is wanting to change the name or surname of the child. The father may be objecting to a change of name, the mother may then wish to apply to the court to obtain an order to go ahead and change the name.

“Can I get a specific issue order about my child’s religious upbringing?”

“Yes, specific issue orders can resolve disagreements about a child’s religious upbringing or exposure to faith practices. If one parent has embraced a new faith such as Islam, Hinduism, Christianity, or Judaism and wishes to include the child in religious education or practices that the other parent objects to, the court can make a determination based on the child’s best interests.

Courts typically consider factors including the child’s previous religious experiences, age and understanding, each parent’s motivations, and the potential impact of religious practices on the child’s overall wellbeing and identity. While courts respect parents’ religious freedoms, these are balanced against the child’s needs and welfare. Generally, courts favour approaches that expose children to both parents’ beliefs in a non-conflictual way, allowing children to form their own views as they mature.”

How do courts decide on specific issue orders about school choice?

When deciding specific issue orders regarding school choice, family courts prioritise the child’s educational needs rather than simply ruling in favour of either parent’s preference. The court will consider:

• The child’s academic abilities and any special educational needs
• Which school can better accommodate those needs
• The child’s existing friendships and social connections
• Practical considerations such as travel distance from both parents’ homes
• The potential impact of changing schools on the child’s stability
• Any relevant previous schooling history

Evidence from educational psychologists, school reports, and sometimes the child’s own views (depending on age) are typically taken into account. The court aims to make a decision that supports the child’s educational development while minimising disruption to their routine and wellbeing.

Can a specific issue order prevent my child from being relocated to another part of the country?

“A specific issue order alone doesn’t typically prevent relocation within the UK – that would normally require a prohibited steps order. However, a specific issue order can resolve particular aspects of a proposed move.

If one parent plans to relocate with the child, the other parent can apply for a prohibited steps order to prevent the move, while specific issue orders might address related matters such as:

• Which school the child should attend if the move proceeds
• How contact arrangements would be maintained
• Transportation responsibilities between parents
• Communication methods to maintain the relationship with the non-relocating parent

For international relocations (permanently moving abroad), different legal frameworks apply, and seeking immediate legal advice is essential as these cases are typically more complex.”

Can I use a specific issue order to change my child’s surname after remarriage?

Specific issue orders can be used to determine whether a child’s surname should be changed, for example after a parent remarries. The courts take name change applications very seriously as a child’s name is considered an important part of their identity.

When considering such applications, courts evaluate:

• The child’s own views (if old enough to express a meaningful opinion)
• The reasons for the proposed change
• The length of time the child has used their current name
• The potential effect of the change on the child’s relationship with both parents
• Whether a double-barreled surname might be a suitable compromise

Family courts generally try to preserve the connection between children and both birth parents, including through maintaining the name connection, unless there are compelling welfare reasons for a change. A specific issue order provides legal clarity on this important aspect of a child’s identity.

I am not a parent can I still make an application for a specific issue order?

Our child law specialists at Kabir Family Law can help you explore your options, but to answer your question, yes despite not being a parent you can still make an application for a specific issue order although there are certain conditions. You may or may not have parental responsibility. If you do not have parental responsibility for the child you can apply to the courts for this prior to making such applications.

Is a specific issue order and a prohibited steps order the same?

Although the process for both of these orders is the same, the effects of the orders are different. The specific issue order is made by a court to approve a particular action whereas a prohibited steps order as the name suggests prohibits a parent or party from taking a certain course of action i.e. a father may obtain prohibited steps order to prevent the mother taking a child away.

Call us to arrange a free initial consultation today

For more extensive advice, we welcome you to contact us on 0330 094 5880 or arrange a consultation. at any of our office branches to discuss your options. With family lawyers in Newcastle as well as the UK we are proud to able to offer face to face appointments.