Specific Issue Order

Legal Framework and Context

The Children Act 1989 is the primary legislation governing specific issue orders. The Act is underpinned by the principle that a child’s welfare is paramount. Section 8 of the Act outlines various orders the court can issue to safeguard a child’s welfare, including Specific Issue Orders. An SIO addresses particular disputes and makes a determination on specific issues concerning a child’s upbringing without altering overall parental responsibility.

Grounds for Specific Issue Orders

Specific Issue Orders are typically sought when parents or guardians cannot agree on critical decisions about the child’s life. Common issues that may necessitate an SIO include:

1. Education: Deciding which school the child should attend.
2. Medical Treatment: Determining whether a child should undergo a specific medical procedure or treatment.
3. Religious Upbringing: Resolving disputes over the child’s religious education and practices.
4. Relocation: Addressing whether a parent can relocate the child to a different part of the country or abroad.
5. Contact with Relatives: Deciding on the extent and nature of the child’s contact with extended family members.

Application Process for Specific Issue Orders

The process of applying for a Specific Issue Order involves several key steps:

Pre-Application Considerations

Before applying for an SIO, parties are encouraged to seek resolution through mediation or negotiation. The court views these avenues favourably, as they can reduce conflict and reach amicable agreements.

If mediation fails or is deemed inappropriate, the next step is to apply to the court.

Filing the Application

The application for a Specific Issue Order is made on Form C100, which must be completed and submitted to the Family Court. The applicant must provide detailed information about the specific dispute issue and why a court order is necessary.

Alongside Form C100, a supplementary information form (C1A) may be required if there are allegations of domestic violence or harm.

Court Proceedings

Upon receiving the application, the court will schedule a First Hearing Dispute Resolution Appointment (FHDRA). This initial hearing aims to identify the issues and explore the potential for settlement.

If the issues cannot be resolved at the FHDRA, the court may order further hearings, investigations, or reports from professionals such as CAFCASS (Children and Family Court Advisory and Support Service).

Final Hearing

If the dispute remains unresolved, the case proceeds to a final hearing, where both parties present their evidence and arguments.

The court will then make a decision based on the child’s best interests, considering the welfare checklist outlined in the Children Act 1989. This includes factors such as the child’s wishes and feelings, physical and emotional needs, the likely effect of any changes, and any risk of harm.

Court’s Considerations and Decision-Making

When deciding on a Specific Issue Order, the court applies the welfare checklist from Section 1 of the Children Act 1989. This checklist includes:

1. The Child’s Wishes and Feelings: The child’s views are considered depending on their age and understanding.
2. Physical, Emotional, and Educational Needs: The court assesses how the decision will meet the child’s comprehensive needs.
3. The Likely Effect of Any Change: The decision’s potential impact on the child’s life and stability.
4. The Child’s Age, Sex, Background, and Characteristics: Relevant characteristics that may influence the decision.
5. Any Harm the Child Has Suffered or Is At Risk of Suffering: The court evaluates any past or potential harm.
6. The Capability of the Parents: The ability of each parent or guardian to meet the child’s needs.

Rights and Responsibilities Under a Specific Issue Order

A Specific Issue Order grants the applicant the authority to make a particular decision regarding the child’s upbringing. The implications include:

Decision-Making Authority

The SIO provides clarity and legal backing for making a specific decision. For instance, if an SIO is granted regarding a child’s education, the designated parent can enrol the child in the agreed-upon school without further dispute.

Parental Responsibility

The order does not alter the overall parental responsibility but clarifies the authority to make the specific decision in question. Both parents retain their rights and duties outside the SIO’s scope.

Compliance

All parties with parental responsibility must comply with the Specific Issue Order. Failure to adhere to the order can result in legal consequences, including contempt of court.

Termination and Variation of Specific Issue Orders

Specific Issue Orders can be varied or discharged under certain conditions:

Change in Circumstances

If circumstances significantly change, either party can apply to the court to vary or discharge the order. This might include changes in the child’s needs, parental circumstances, or new evidence.

Review by the Court

The court retains the authority to review and modify orders to ensure they continue to serve the child’s best interests.

Reaching Agreement

If the parents or guardians subsequently agree on the issue, they can apply to the court to discharge the order.

Challenges and Considerations

While Specific Issue Orders provide a mechanism for resolving disputes, they also present challenges:

Emotional Impact

Court proceedings can be stressful for both the child and the parents. The adversarial nature of litigation may exacerbate conflicts rather than resolve them amicably.

Complexity of Issues

Some issues, particularly those involving medical treatment or relocation, are inherently complex and require careful consideration of expert evidence.

Balancing Rights and Interests

The court must balance the rights and interests of both parents while prioritising the child’s welfare. This can be particularly challenging in high-conflict cases.

Costs and Resources

Legal proceedings can be costly and time-consuming. Parents may require legal aid or other support to navigate the process.

Case Studies and Examples

Examining case studies can provide insights into how specific issue orders are applied in practice:

Educational Dispute

In a situation where parents disagreed on whether their child should attend a local state school or a private institution, the court took into account factors such as the child’s academic needs, social environment, and the parent’s financial situation. The court ultimately allowed the child to attend the school that was deemed most suitable for their overall development.

Medical Treatment

A notable case revolved around a child in need of a life-saving yet controversial medical treatment. The parents held differing opinions on how to proceed. After evaluating medical expert recommendations and considering the child’s well-being, the court issued a Special Issue Order (SIO) allowing the recommended treatment to move forward.

Relocation Abroad

In a situation where one parent wanted to move to another country with their child, the court had to think about how it would affect the child’s relationship with the parent who wasn’t moving, the educational and cultural advantages of the move, and how the child would stay in touch with the non-relocating parent. The court allowed the relocation, but they made sure there were clear plans in place for the child to keep in contact with the non-relocating parent.

Support and Resources for Families

Families involved in Specific Issue Order disputes can access various support and resources, including:

Mediation Services

Mediation can help parents reach an agreement without court intervention. It is often a prerequisite before applying for an SIO.

Legal Aid

Some parents may be eligible for legal aid to cover the costs of legal representation and court fees.

Counselling and Support Groups

Counselling services and support groups can emotionally support parents and children during the dispute-resolution process.

CAFCASS

CAFCASS officers can offer guidance and support, conduct investigations, and provide reports to assist the court in making informed decisions.

The Role of Solicitors

As solicitors, our role in handling specific issue orders is crucial. We provide legal advice, representation, and support to clients throughout the process. Our responsibilities include:

Advising Clients

We offer clear and comprehensive advice on applying for an SIO and the likelihood of success.

Preparing Applications

We assist in completing and submitting the necessary forms and evidence to the court.

Representation in Court

We represent clients at hearings, presenting their case effectively and advocating for their interests.

Negotiation and Mediation

We help clients explore alternative dispute resolution methods, such as mediation, to reach amicable agreements.

Ongoing Support

We provide continuous support and guidance throughout the process, ensuring clients understand each step and their rights and responsibilities.

Conclusion

Specific Issue Orders are a crucial tool in family law, providing a structured mechanism for resolving disputes over important decisions in a child’s upbringing. They ensure that the child’s best interests are at the forefront, offering legal clarity and direction when parents or guardians cannot agree.

At DLS Solicitors, our legal professionals are committed to guiding clients through the complexities of specific issue orders with expertise and empathy. We strive to achieve outcomes that prioritise the child’s welfare while balancing the rights and interests of all parties involved. By providing strong legal support and advocating for amicable resolutions, we aim to minimise conflict and promote the well-being of families navigating these challenging situations.

Through our dedicated efforts, we contribute to a legal system that upholds the principles of fairness, justice, and the paramount importance of the child’s welfare. We ensure that every decision made under a Specific Issue Order is in the best interests of those who matter most—the children.