What Is a Specific Issue Order?

When parents separate, most decisions about their child are resolved through agreement. But sometimes, a dispute arises over one particular aspect of a child’s upbringing that cannot be settled informally.

In those situations, the court can be asked to make a Specific Issue Order.

The Legal Basis

A Specific Issue Order is made under the Children Act 1989 in England and Wales.

It is a type of order that allows the court to decide on a specific question relating to a child’s welfare.

Rather than determining overall living arrangements, it focuses on one defined issue.

When Is a Specific Issue Order Used?

Examples of disputes that may require a Specific Issue Order include:

• Which school a child should attend
• Whether a child can move to a different area (within England and Wales)
• Decisions about medical treatment
• Religious upbringing
• Changing a child’s surname
• Taking a child abroad for an extended period

If parents (or others with parental responsibility) cannot agree, either party can apply to the court for a decision.

How Does the Court Decide?

The court’s primary consideration is always the child’s welfare.

Judges apply the welfare checklist set out in the Children Act, which includes factors such as:

• The child’s wishes and feelings (depending on age and understanding)
• Their physical, emotional, and educational needs
• The likely impact of any change in circumstances
• Any risk of harm

The court does not focus on what is “fair” to the parents — only what is in the best interests of the child.

How Is It Different from a Prohibited Steps Order?

It’s helpful to distinguish a Specific Issue Order from a Prohibited Steps Order.

• A Specific Issue Order asks the court to decide what should happen.
• A Prohibited Steps Order asks the court to prevent something from happening.

Both are tools designed to resolve discrete disputes without necessarily altering broader child arrangements.