Specific Issue Order are particularly important in family law and can help parties resolve disputes. Specific Issue Orders are an effective solution for families who require assistance resolving simple issues without needing more complex legal action.
They are court orders that deal with specific matters in a family dispute and typically relate to parenting issues, such as living arrangements, contact between parents and children, the residence of the children during school holidays, and similar matters.
What is A Specific Issue Orders?
A Specific Issue Order is an order issued by a UK family court to resolve a specific question concerning any aspect of Parental Responsibility for a child.One of the most common issues in divorce or separation is resolving child custody disputes. Resolving these disagreements frequently necessitates the court’s intervention, especially when the two parties cannot reach an amicable solution.
A Specific Issue Order is issued by the court in UK Family Law to help settle child custody and arrangement disputes that arise when couples divorce.A Specific Issue Order is significant because it allows one parent to act without consulting the other.
For example, a parent who has been granted a Specific Issue Order can make the following decisions without consulting the estranged partner:
- The educational institution where the child will be enrolled
- The type of education the child will receive- secular or religious
- The medical care and services provided to the child
- Where will the child live or stay?
- Who will the child interact with?
Separated or divorced people who can settle their differences outside of court will avoid the legal fees associated with seeking the intervention of a judge. As a result, before couples consider going to Family Court, this is the best option.Suppose you want to learn more about the legal procedures involved in obtaining a Specific Issue Order. In that case, you can contact KQ Solicitors who will walk you through the entire process and increase your chances of success.
Specific Issue Order Form
A Specific Issue Order Form is an application form to the court that allows a parent, or other people with parental responsibility, to make an application for a specific issue order.
This form can be used to ask the court to decide an important parenting decision such as:
- Who should a child live with
- What school should they attend
- Whether or not they should have medical treatment
Who Can Submit an Application for a Specific Issue Order?
Because matters involving children are delicate and must be handled with extreme caution, only some are eligible to apply for a Specific Issue Order.Only those with parental responsibility are automatically required to apply for this order.
Other examples include the following:
- The child’s parent, guardian, or specific guardian, any individual, mandated to live with the child under the Child Arrangement Order.
- A step-parent to the child with parental responsibilities.
- Those who do not have parental responsibility must apply to the court for the Specific Issue Order.
A preliminary Mediation Meeting must be attended before applying for a Specific Order Issue. When organizing such a meeting, consulting with a family and child lawyer will be beneficial in determining the best mediation service among the many available. In addition, the family solicitor will help you prepare for the mediation process.
Although mediation is essential in resolving disagreements between couples, it is only sometimes possible. For example, avoiding mediation is permitted in domestic violence or an emergency. In such a case, the mediator will be certified to allow mediation exemption.
How to Submit a Specific Issue Order?
After completing mediation, you must sign a C100 form to confirm that you completed the process successfully. After completing the C100 form, you must consult your family solicitor to apply for a Specific Issue Order. The C100 form serves as proof that you have completed mediation.
You must pay the court £215 to obtain a Specific Issue Order. This is a mandatory fee for anyone applying for this order unless you qualify for a court fee exemption.
After applying for a Specific Issue Order, you must appear in court to meet with the relevant litigation parties. The hearing will include a judge and a Children and Family Court Advisory and Support Services (CAFCAS) representative.
As previously stated, mediation may not be possible in some cases. In such cases, you may be forced to file an urgent application to be issued with a Specific Order Issue. When you apply in such circumstances, you will not need permission from your estranged partner.
What is the Court’s Decision-Making Process?
When the court receives the Specific Issue Orders application, it considers the various factors that will be affected by the decision. The child’s welfare is likely the overarching issue that receives priority consideration. The court’s goal will be to make a decision that provides the best possible environment for the child’s upbringing.
When deciding on the application, the court will consider the child’s feelings, requests, emotional well-being, and educational needs. Other factors that are likely to be heavily considered include gender, age, and background.
The court’s final decision will be in the child’s best interests and well-being. A Family Solicitor will try to persuade the court that granting the Specific Issue Order is in the child’s best interests.
What to Do Before Attending Court?
Before deciding to take the case to court, you should consult a family and child law solicitor. This is where experts’ advice comes in handy. Solicitor’s experts will examine your case sympathetically and provide you with all the assistance required to resolve it outside of court. If the dispute cannot be resolved outside of court, the experts will be on hand to provide you with all the legal assistance you require to increase your chances of winning the application.
Frequently Asked Questions
A family court-specific issue order will automatically expire when the child reaches the age of 16.
The local authority may apply for a specific issue order or the order of a PROHIBITED step but not for a section 8 order regarding residence or contact.
After you have filed your child arrangement order under Section 8, the Court will set a hearing date within 5 to 6 weeks.
For more legal details contact, KQ Solicitors
Contact Number: +44 7853 844688