Specific Issues Order
In simple terms
A Specific Issue Order allows the Family Court to decide one particular disagreement about a child when parents cannot agree.
It ensures that an important decision affecting a child’s life can be resolved when agreement is not possible.
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A Specific Issue Order (SIO) is a court order made by the Family Court to resolve a specific disagreement about a child.
It is usually used when parents cannot agree on an important decision affecting their child’s life.
The court will decide the issue and make an order that sets out what should happen.
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A Specific Issue Order is commonly used when parents disagree about matters such as:
which school a child should attend
medical treatment for a child
religious upbringing
whether a child can travel abroad
whether a child can relocate to a different area.
The court will consider the circumstances and decide what arrangement is in the best interests of the child.
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A Specific Issue Order may be needed when parents share parental responsibility but cannot agree on an important decision.
If parents cannot resolve the disagreement themselves, one parent may apply to the Family Court asking a judge to decide the issue.
The court’s role is not to decide who is “right”, but to determine what outcome best supports the child’s welfare.
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To apply for a Specific Issue Order, a parent usually submits a C100 application form to the Family Court.
This is the same application form used when applying for other child-related orders, including Child Arrangements Orders.
Once the application is submitted, the case will usually move through several stages before the court reaches a decision.
These stages may include:
safeguarding checks carried out by CAFCASS
an initial court hearing
further hearings if parents cannot reach an agreement
reports prepared for the court
a final hearing, where the judge makes a decision.
If the disagreement cannot be resolved during the process, the court may make a Specific Issue Order deciding the issue.
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When deciding whether to make a Specific Issue Order, the court’s primary concern is the welfare of the child.
Judges apply the Welfare Checklist, which considers factors such as:
the child’s needs
the child’s wishes and feelings (depending on their age)
the ability of each parent to meet the child’s needs
any risk of harm to the child.
The court’s decision will focus on what arrangement is in the child’s best interests.
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A Specific Issue Order deals with one particular decision about a child.
This is different from a Child Arrangements Order, which sets out where a child lives and how they spend time with each parent.
A Specific Issue Order focuses on resolving a single disputed issue.
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A Specific Issue Order usually applies until the specific issue has been resolved.
In some cases it may apply for a defined period of time, depending on what the court decides.