The English court can determine an issue in dispute concerning the care and upbringing of a child – this is known as a specific issue order. It can cover a whole range of issues, including choice of school, whether a child should undergo a medical procedure or have certain immunisations, holiday and travel arrangements and a child’s faith.
Entitlement to apply for a specific issue order
Various categories of people are entitled to apply for a specific issue order under s8 of the Children Act 1989 including a legal parent, guardian and those with a child arrangements order for a child.
Other categories of people, for example a grandparent, must first obtain the permission of the court to apply (involving consideration of their motives, connection with the child and wider circumstances)
The court will consider each application carefully and will often commission an in-depth report from a CAFCASS officer before making a best interests decision concerning the child.
How I can help
- Advise and explain how a specific issue order would impact upon your family and/or legal status for a child (whatever your personal circumstances)
- Advise and represent you in court in contested specific issue proceedings