You can apply for a specific issue order if you are the child’s parent or you have parental responsibility. So, you can make an application if you are one of the following:

• Parent

• Step-parent

• Legal guardian

• Anyone with parental responsibility

• Anyone named on a Child Arrangement Order

It is possible to apply for a specific issue order if you don’t have parental responsibility but you will first need to seek permission from the court.

• Making the application - an application must be made to the family court under section 8 of the Children Act 1989. Before you do this, we recommend that you get legal advice from a specialist child law solicitor. We would guide you through the legal process and look at options for resolving the specific issues without going to court.
• Out-of-court solutions explored - as with most situations in family law, the courts much prefer you to reach a decision amicably with your ex-partner before you make an application for a specific issue order.  This is why, before applying for a specific issue order, you and your ex-partner will be asked to attend an initial mediation information and assessment meeting (MIAM). This will determine whether an out-of-court route, such as mediation, is possible. If mediation is simply a no-go, then you can make your application to the family court. 
• CAFCASS conversation - once you have applied, a Children and Family Court Advisory and Support Services (CAFCASS) representative will talk to you and your ex-partner and carry out some basic safeguarding checks before sending a short report to the Court summarising their findings.
• First hearing dispute resolution appointment (FHDRA) - this is where a judge or magistrate will hear the case and a CAFCASS officer will usually be present. The Court will consider the safeguarding information and it will encourage the parties to reach an agreement.
• Dispute resolution appointment (DRA) - sometimes the first hearing will not resolve the specific issue that is the subject of your application. In these instances, the Court will set out how the case should proceed and may order CAFCASS to prepare a report. You and your child’s other parent will then be invited to attend a DRA to see if an agreement can be reached.
• Final hearing - if you get to this stage and the issue is still unresolved, the case will go to a final hearing. Here, the Court will listen to the evidence from all parties involved, the Cafcass officer and other experts before making a decision that is legally binding.

It is always important to remember that the court will put a child’s welfare before everything else. The judge or magistrate will take in a range of factors before making a decision, and in the hearing, both parents will get the chance to present their arguments and evidence to support them.

The Children Act 1989 outlines guidelines for judges to consider when reaching a decision:

• The wishes and feelings of the child, while taking into account their age and level of understanding

• The child’s physical, emotional and educational needs. This will include the child’s health and access to education and support networks

• The impact on the child should their circumstances change. For example, in regard to education, the court might consider the disruption to the child's schooling and friendships if they change schools

• Characteristics including age, sex and background

• Whether the child is at risk of harm or whether harm has already been suffered

• How capable the child’s parents are of meeting their needs. The court will also consider the parent’s ability to communicate effectively with each other and cooperate on decisions made in the future for the child

Specific issue orders can be an extremely useful legal tool to sort out the trickiest of problems related to children in separation or divorce proceedings. The benefits include:

• Provides a clear and enforceable decision to avoid ongoing conflict between parents
• Promotes the child's best interests by ensuring important decisions are made with their well-being in mind
• Can be used for a wide range of issues related to a child's upbringing

It is important to remember, however, that specific issue orders are not a substitute for a Child Arrangements Order, which determines where a child will live and how much time they spend with each parent.

We strongly recommend that you seek legal advice to make sure the application process is followed correctly and to represent your interests effectively in court.