What Is a Specific Issue Order? Your Most Common Questions Answered

When parents separate, it's not uncommon for disagreements to arise about important decisions affecting their child. Whether it's choosing a school, agreeing to medical treatment or deciding whether a child can move abroad, these disputes can be difficult to resolve.

If you and the other parent cannot reach an agreement, the Family Court may be able to help by making a Specific Issue Order.

At Harrington Family Law, our specialist family solicitors regularly advise parents across Cleckheaton, Brighouse, Holmfirth and West Yorkshire on Specific Issue Orders and other children's matters. Below, we've answered some of the most common questions we're asked.

What is a Specific Issue Order?

A Specific Issue Order is a Court Order that allows the Family Court to decide a specific question about a child's upbringing when those with parental responsibility cannot agree.

Rather than deciding every aspect of a child's life, the Court decides one particular issue.

The Court's decision is based entirely on what is in the child's best interests.

What can a Specific Issue Order be used for?

A Specific Issue Order can be used to resolve many disputes, including:

• Which school a child should attend.
• Whether a child should receive certain medical treatment.
• Whether a child should be brought up in a particular religion.
• Whether a child can move to another part of the country.
• Whether a child can travel abroad.
• Whether a child should have a passport.

Every case is different, and the Court will only make an Order where it considers this to be in the child's best interests.

Who can apply for a Specific Issue Order?

In most cases, a parent can apply for a Specific Issue Order if they have parental responsibility and cannot agree with another person who also has parental responsibility.

If you're unsure whether you have parental responsibility, we've explained this in more detail in our guide:

👉 What Is Parental Responsibility?

https://harringtonfamilylaw.co.uk/blog/what-is-parental-responsibility-or-family-solicitors-west-yorkshire/

Can a Specific Issue Order decide which school my child attends?

Yes.

One of the most common reasons parents apply for a Specific Issue Order is because they cannot agree on which school their child should attend.

The Court will consider a range of factors, including:

• The child's educational needs.
• The impact of changing schools.
• Practical arrangements.
• The views of each parent.
• The child's wishes and feelings, depending on their age and understanding.

The Judge will then decide which option is in the child's best interests.

Can a Specific Issue Order allow me to take my child abroad?

Potentially.

If you and the other parent cannot agree about a holiday or overseas travel, the Court may be asked to decide whether permission should be granted.

If your question specifically relates to taking your child abroad, we've covered this in more detail in our guide:

👉 Can My Ex Stop Me Taking My Child Abroad?

https://harringtonfamilylaw.co.uk/blog/can-my-ex-stop-me-taking-my-child-abroad-or-harrington-family-law/

What is the difference between a Specific Issue Order and a Prohibited Steps Order?

This is one of the questions we're asked most often.

Although both Orders relate to children, they have different purposes.

A Specific Issue Order asks the Court to decide on something.

A Prohibited Steps Order prevents someone from taking a particular action without the Court's permission.

For example:

• If you want the Court to decide which school your child should attend, you may need a Specific Issue Order.
• If you want to stop the other parent changing schools before the Court has decided, a Prohibited Steps Order may be appropriate.

You can read more about this in our guide:

👉 What Is a Prohibited Steps Order?

https://harringtonfamilylaw.co.uk/blog/what-is-a-prohibited-steps-order-everything-parents-need-to-know/

Will the Court automatically make a Specific Issue Order?

No.

The Family Court will not make an Order simply because parents disagree.

The Court's primary concern is always the child's welfare.

Before making a decision, the Judge will consider:

• The child's wishes and feelings (where appropriate).
• The likely effect of any change.
• The child's needs.
• Each parent's position.
• Any risks to the child's welfare.

Every case is considered on its own facts.

Do I have to go to Court?

Not always.

Many disputes can be resolved through:

• Direct discussions.
• Solicitor negotiations.
• Mediation.

Court proceedings should usually be a last resort where agreement cannot be reached.

Seeking legal advice at an early stage can often help resolve matters without the need for a hearing.

Do I need a solicitor?

You are not legally required to instruct a solicitor, but obtaining legal advice can help you understand:

• Whether a Specific Issue Order is appropriate.
• The strength of your application.
• What evidence may be needed.
• Whether there are alternative ways of resolving the dispute.

Every family is different, and tailored advice can make a significant difference.

How Harrington Family Law can help

At Harrington Family Law, we understand that disagreements about children can be stressful and emotional.

Our experienced family solicitors advise clients across Cleckheaton, Brighouse, Holmfirth, Huddersfield, Bradford, Leeds and throughout West Yorkshire on:

• Specific Issue Orders.
• Prohibited Steps Orders.
• Child Arrangements Orders.
• Parental Responsibility.
• Taking children abroad.
• Emergency Family Court applications.

We provide clear, practical advice to help you understand your options and work towards the best outcome for your child.

Contact our specialist family solicitors

If you cannot agree with the other parent about an important decision affecting your child, our experienced family law team is here to help. Contact Harrington Family Law today to arrange your free 30-minute consultation or fixed-fee appointment.