Family Law
Specific Issue Order Barristers
When parents with parental responsibility cannot agree on an important decision about a child, the court can decide it. Specialist advice and representation through Direct Access.
Takes about 2 minutes. No obligation.
Barristers regulated by the Bar Standards Board
A specific issue order is a section 8 order under the Children Act 1989 that settles a particular question about a child's upbringing which has arisen or may arise. Where two parents share parental responsibility and cannot agree on an important decision, either of them can ask the court to decide it.
Typical disputes include which school a child should attend, whether a child should have a particular medical treatment or vaccination, a child's religious upbringing, a change of the child's surname, and whether a child can go on holiday abroad when the other parent will not consent. Each issue is decided on its own facts, with the child's welfare as the court's paramount consideration.
The application is made on form C100. A Mediation Information and Assessment Meeting (MIAM) is generally required first unless an exemption applies, and a court fee is payable unless you qualify for Help with Fees. Some disputes are time-sensitive, such as school admissions or a booked holiday, so it pays to apply early enough for the court to list a hearing.
Many specific issue applications are resolved at an early hearing once the court has heard both sides. Others, particularly medical or relocation-type disputes, need evidence from professionals and a final hearing. A Barrister can help you frame the precise question for the court and present evidence focused on what the court has to decide.
What Specific Issue Order Barristers Do
Court Advocacy
Your Barrister can represent you at:
- FHDRA hearings
- Urgent listings before a deadline
- Dispute Resolution Appointments
- Final hearings
- Hearings with expert evidence
- Appeal hearings
Common Issues
Disputes we regularly see:
- Choice of school
- Medical treatment and vaccinations
- Religious upbringing
- Change of surname
- Holidays abroad
- Obtaining a passport for the child
Document Drafting
Barristers can draft:
- C100 applications
- Witness statements
- Position statements
- Draft orders with clear terms
- Skeleton arguments
- Letters proposing a compromise
Your Barrister drafts these documents. You issue them at court and serve them on the other parent.
What You Handle
With Direct Access:
- Attending a MIAM
- Issuing the C100 at court
- Serving papers on the other parent
- Obtaining school or medical records
- Collecting travel details and itineraries
- Paying court fees
How Direct Access Works
- 1
Try to Agree
Set out your proposal to the other parent in writing. Mediation is usually expected and a MIAM is required before applying unless an exemption applies.
- 2
Frame the Question
Your Barrister helps define exactly what you want the court to decide, for example attendance at a named school from a particular date.
- 3
Issue the Application
You issue the C100 with the supporting information. Cafcass carries out safeguarding checks before the first hearing.
- 4
First Hearing
At the FHDRA the court explores agreement and, if the issue is simple and urgent, may be able to decide it or give directions for evidence.
- 5
Evidence
Where needed, statements, school or medical evidence and sometimes a Cafcass report are filed in line with the court's timetable.
- 6
Decision
If agreement is not reached, the court decides the issue at a final hearing, applying the welfare checklist. Your Barrister presents your case.
Does your case qualify for Direct Access?
Tell us about your matter and we'll confirm whether you can instruct a Barrister directly, then match you with the right specialist.
Prefer to talk? Call 0800 302 9921. Lines open 8am to 8pm, same-day callback.
Frequently Asked Questions
When do I need a specific issue order?
When a decision about a child needs the agreement of everyone with parental responsibility, they cannot agree, and the decision matters enough to justify going to court. Day-to-day decisions are usually for the parent the child is with, so the court will not resolve every disagreement.
Can the court decide which school my child attends?
Yes. School choice is one of the most common specific issue disputes. The court looks at the child's needs, the practicalities of each option, travel, continuity and the child's wishes where appropriate. Apply early, because admissions deadlines do not wait for court timetables.
What if we disagree about vaccinations or medical treatment?
The court can decide significant medical questions on the basis of the child's welfare. It will look at medical evidence and, depending on the child's age and understanding, the child's own views. Routine treatment recommended by the NHS is approached differently from more serious or contested procedures.
Can I change my child's surname without the other parent's consent?
Not if the other parent has parental responsibility and objects. A change of surname is treated as an important step, and where there is disagreement you need the court's permission. The court considers the child's welfare, including their identity and links with both sides of the family.
The other parent will not agree to a holiday abroad. What can I do?
If there is no child arrangements order naming you as the person the child lives with, you generally need the consent of everyone with parental responsibility to take the child abroad. Without it, you can apply for a specific issue order. Provide full travel details and show how the child will be returned.
What is the difference between a specific issue order and a prohibited steps order?
A specific issue order decides a question in a positive way, such as which school the child attends. A prohibited steps order stops something happening, such as the child being removed from the country. The same dispute can sometimes be framed either way, and your Barrister will advise which fits.
Can I get a specific issue order urgently?
The court can list urgent applications where there is a genuine deadline, such as an imminent operation or a school start date. Urgency can also be a ground for a MIAM exemption. Explain the deadline clearly in the application and attach evidence of it.
Need the Court to Decide an Issue?
A specialist children law Barrister can advise on your application and represent you at the hearing, on a fixed fee agreed in advance.
Or call us: 0800 302 9921. Lines open 8am to 8pm, same-day callback.