What is a specific issue order?
A specific issue order is a court order that decides a single, specific question about a child's upbringing when the people with parental responsibility cannot agree. It is made under section 8 of the Children Act 1989, and it settles that one question, rather than deciding where your child lives or how much time they spend with each parent.
A specific issue order is used where an important decision needs to be made and the parents are at a deadlock. The court steps in, considers the question, and gives a direction that both parents must then follow.
What can a specific issue order decide?
A specific issue order can resolve almost any single question about a child's care and upbringing. Some of the most common are:
- Which school your child should attend.
- Medical treatment, including vaccinations, where the parents disagree.
- Whether your child can be taken to live abroad, or on a holiday abroad.
- How your child is to be raised in matters such as religion.
- A change to your child's surname.
If instead you need to stop the other parent from doing something, such as removing your child from your care or from the country, that is usually dealt with by a prohibited steps order rather than a specific issue order.
Specific issue order or prohibited steps order?
The two orders are close relatives, and both are made under section 8 of the Children Act 1989, but they do opposite jobs. A specific issue order answers a question or allows something to happen. A prohibited steps order prevents a parent from doing something without the court's permission. If you are not sure which one fits your situation, we will look at the facts with you and advise on the right application, and sometimes both are needed together.
How the court decides a specific issue order
Your child's welfare is the court's paramount concern, under section 1 of the Children Act 1989. The court weighs the welfare checklist, including your child's needs and wishes, the likely effect of any decision, and any risk of harm. It also applies the no-order principle, making an order only where doing so is better for your child than making no order at all.
A specific issue order normally lasts until your child is 16, unless the court decides otherwise. Because the focus is entirely on your child, it helps to show the court clearly why the outcome you are asking for is in their best interests. We help you build and present that case.
Specific issue orders where there is abuse
Questions about a child often arise in the middle of a difficult or abusive relationship, for example a dispute about a passport, travel abroad, or which school keeps a child safe. Where there has been domestic abuse, the court has clear duties to protect you, and you should not feel pushed into agreeing to something that puts you or your child at risk.
Where there has been domestic abuse, you are not required to mediate with the other parent, and the court must consider your safety under Practice Direction 12J. Where appropriate we raise safeguarding through the C1A form and ask for protective measures, such as separate waiting areas or a screen at court. For free and confidential support at any time you can call the National Domestic Abuse Helpline on 0808 2000 247. In an emergency always call 999. The points on this page are correct as at June 2026 and are a general guide, not legal advice on your situation.
The process, step by step
Applying for a specific issue order follows a clear path, and is often quicker where the point in dispute is narrow. These are the main stages.
1. We assess the question and your options
We look at the decision in dispute and at your history, including any abuse, and tell you honestly whether the court is likely to agree with the outcome you want.
2. We deal with the MIAM or exemption
A MIAM is usually needed before you apply. Where there has been domestic abuse the exemption applies, so you are not required to mediate. We handle the paperwork and evidence.
3. We file the C100 for a specific issue order
We complete the C100, set out the question and why your outcome is best for your child, and where there has been abuse we raise safeguarding through the C1A form. Cafcass carries out its checks.
4. The court decides
If you both agree, the court can make the order by consent. If not, it hears the issue and gives a direction, sometimes after a short welfare report from Cafcass.
How we help
Our family solicitors guide you through a specific issue order from first advice to a sealed order, with care for your safety throughout.
- 1
An honest first assessment
We listen in confidence, look at the decision in dispute and at any abuse, and tell you whether an application is likely to succeed and what to expect.
- 2
Handling mediation and exemptions
We deal with the MIAM requirement and, where domestic abuse applies, the exemption, so you are not pushed into mediating with someone who has harmed you.
- 3
Preparing and filing your application
We complete the C100, set out the question clearly, and raise any safeguarding concerns the court needs to see.
- 4
Representation to a decision
We represent you through to a sealed order, whether the point is agreed by consent or decided by the court after a hearing.
What is included in our service
- A confidential assessment of the question in dispute and your prospects
- Advice on whether a specific issue order is the right application, or another order fits better
- Handling the MIAM requirement and the domestic abuse exemption
- Completing and filing your C100 for a specific issue order
- Raising safeguarding and asking for protective measures where there has been abuse
- Representation through to a sealed order
This work is usually privately funded, and we offer a clear fixed fee so you know the cost from the start. Legal aid for private children matters is limited. It is generally available only where there is evidence of domestic abuse or a risk of harm to a child, and it is means and merits tested. We will tell you honestly whether you may qualify and, where we cannot carry out legal aid work ourselves, help you find a provider who can. Any fee is set out clearly and in writing before any work begins, and there is no charge for an initial phone consultation.
Common questions
Last updated: June 2026.