Specific Issue Orders

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The family team at Herrington Carmichael are experienced in dealing with all matters in relation to children following the breakdown of the relationship between parents. We pride ourselves on being highly approachable, sensitive, and supportive during what can be a difficult and emotional time.

What is a ‘specific issue order’?

A specific issue order is an order from the court giving directions for determining a specific question. A specific issue order is used to look at a specific question about how the child is being brought up, for example what school they go to or if they should have a religious education.

In private cases, the courts have the power to provide open or specific orders for the welfare of the child and will take several considerations into account as specified in section 1 of the Children Act 1989. These considerations are:

  • the wishes and feelings of the child (considering their age and understanding);
  • their physical, emotional and/or educational needs;
  • the likely effect on them of any change in their circumstances;
  • their age, sex, background and any characteristics which the court considers relevant;
  • any harm which they have suffered or are at risk of suffering; and
  • how capable each of their parents (or any other relevant person) is of meeting their needs.

The process

Before issuing an application to the court, a prospective applicant must attend a MIAM and invite your former partner to attend. This will be relevant unless an exemption applies. At the MIAM, a mediator will discuss the dispute with each party and assess whether other forms of dispute resolution (such as family mediation, collaborative law or arbitration) can assist in resolving the dispute.

If a party refuses to attend the MIAM or an exemption applies to the requirement to attend a MIAM then an application to the court can be made.

An application to the court is made by completing Form C100 and lodging it at your local family court. On the Form C100, the Applicant will be required to tick a box confirming that a MIAM has been attended or explain why an exemption applies. The Form C100 should be accompanied by the court fee of £215.

Supplemental Form C1A must be completed where it is alleged that the child has suffered or is at risk of suffering from domestic abuse or violence. This can include damage to health (physical or mental) and development (physical, intellectual, emotional, social or behavioural) including damage suffered from seeing or hearing the ill treatment of another.

Once the court has received your application, the papers will be issued by the court and placed before a nominated legal adviser or a nominated district judge for their consideration. The court will then seal and date the application and fix a 30-minute directions hearing (known as a FHDRA). The court will serve the application and send the relevant documents to the respondent 14 days before the FHDRA.

>> Flowchart on children cases and options for resolution

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FAQ’s

When is permission required?

Some people have the right to apply for a specific issue order, and some people must first get permission from the court to make an application. If you are the child’s mother or father with parental responsibility, then you do not need permission from the court to make an application for a specific issue order.

What are the exemptions for attending a MIAM?

Not all cases are suitable for mediation, especially where there has been violence in the relationship or there are other serious welfare concerns. There are a number of exemptions that apply which mean that you will not have to attend a MIAM prior to making an application. These are:

  • In cases of domestic violence
  • Child protection concerns
  • Urgency
  • You have attended a MIAM previously

The exemptions are listed on the Form C100 at section 3.

My ex-partner and I cannot agree on where our child should go to school. What shall I do?

In the fist instance it would be advisable to contact a qualified family solicitor to discuss your situation and consider your options going forward. The family team at Herrington Carmichael will be able to talk you through the process and discuss your options with you. We offer an initial fixed fee appointment for one hour at a cost of £250 plus VAT. If you choose to instruct us the cost of the meeting will be credited against your first invoice.

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