Specific Issue Orders
The Custody Minefield Factsheets –
Smartphone Series (optimised for smartphone users). Copyright Michael Robinson
2010.
What is a Specific Issue Order?
Who can apply for a Specific Issue Order?
What
issues could this type of order address?
Finding your local family court
What is a Specific
Issue Order? <Back to Top>
As its name suggests,
this type of order is used when the Court is asked to resolve an issue relating
to the children, other than residence or contact, where parents cannot agree.
Who can apply for a
Specific Issue Order? <Back to Top>
Any
parent, guardian, special guardian or holder of a Residence Order or parental responsibility
in relation to the children can apply for a Specific Issue Order.
What
issues could this type of order address? <Back to Top>
This type of order
would be applicable were you and your ex-partner unable to agree which school to send your children to, whether the children
should go to a particular place of worship, whether or not a particular type of
medical treatment should be used, or if either parent wished to ask the Court’s
permission to change a child’s name.
If you had a
Residence Order made in your favour,
and you wanted to take the children abroad for more than a month, you would
need to get the Court’s permission by way of a Specific Issue Order if your ex-partner objected.
Similarly, if you
were the non-resident parent,
and you wanted to take your children on holiday and your ex-partner objected,
you should approach the Court to ask their permission. You would do this by
applying for a Specific Issue Order.
What form would I
use, to apply to the courts for a Specific Issue Order? <Back to
Top>
You would use Form C100,
which you can download on our Court Forms page.
Applying to court <Back to Top>
If you are using a solicitor, they will do this for
you. Otherwise, download and complete the Form C100. Print and sign three
copies of the form.
Check how much the court fees are, and either take a cheque, postal order or cash for that amount when you go to
your local family court.
It will assist both you and the judge if you write a
brief ‘Position Statement’. Try to keep the
position statement to two to three pages, setting out briefly why you are
applying for a specific issue order, and why you believe it to be in the
children’s best interests. Be factual, and try to be objective in what you
write, and the language you use.
A position statement is not essential, but it helps
inform the judge, briefly and ideally succinctly, why you are applying for the
order, and can assist you in court so you do not forget any points you wish to
raise.
Before setting off for the court
building, ensure you have with you:
a] Three
completed and signed copies of the forms;
b] The
cash, cheque or postal order to pay the court fee;
c] Three
copies of your Position Statement.
Hand in the court forms, fee and
position statement to the court’s administration department.
Finding your local family court <Back to Top>
You can use HMCS Court Finder
to do this. Once on that website, enter in your region under ‘Court Region
Search’. Then make sure that ‘Court Work Type Search’ is set to ‘Family Work’.
Then search under ‘Court Type’ and do a search first on ‘Combined Crown and
County Court’, then ‘County and Magistrates Court’, and then ‘County Court and
District Registry’. Choose the court which is closest to where you or your
children live and print the details.
Support <Back to
Top>
The Custody Minefield offers support forums where you can
ask our team of experienced support staff questions about family law, the
courts and separation. Collectively, we have answered more than 10,000 posts on
other family law related support forums. Visit our Support Forum Page on
The Custody Minefield website to find out how to register.