Specific Issue Order UK — When Parents Cannot Agree

You and your co-parent both hold Parental Responsibility, which means major decisions about your child require agreement from both of you. But what happens when you fundamentally disagree about a specific decision — the child's school, a medical procedure, a holiday abroad, a change of surname — and neither of you is willing to budge?

That's what a Specific Issue Order (SIO) is for. It's a targeted court order under Section 8 of the Children Act 1989 that resolves a single, defined dispute about the exercise of Parental Responsibility.

What a Specific Issue Order Covers

An SIO can address any specific question about a child's upbringing where the parents can't agree. Common examples:

• School choice — Parent A wants the child in a local comprehensive; Parent B wants a faith school or a school in a different area
• Medical treatment — disagreements about vaccinations, non-emergency surgery, mental health treatment, or gender-affirming care
• Travel abroad — one parent wants to take the child on a trip the other parent opposes (especially where there's no "lives with" order granting automatic one-month travel rights subject to any court-ordered contact time or contrary restriction)
• Religious upbringing — disputes about baptism, circumcision, or religious education
• Name changes — one parent wants to change the child's surname (courts are deeply reluctant to permit this without compelling welfare reasons)

An SIO doesn't change the child's living arrangements or contact schedule — those are dealt with through a Child Arrangements Order. It resolves one question, and once the court makes its decision, both parents are bound by it.

When to Apply (and When Not To)

Before applying for an SIO, you should be able to demonstrate that you've genuinely tried to resolve the disagreement. The court expects you to have:

1. Discussed the issue directly with the other parent (in writing, if face-to-face communication is difficult)
2. Attempted mediation, or attended a MIAM and been assessed as unsuitable for mediation
3. Exhausted other avenues — in some cases, this might include seeking professional advice (e.g., a GP's opinion on a medical decision)

Don't apply for an SIO over trivial matters. A disagreement about haircuts, bedtime routines, or what the child eats at the other parent's house isn't going to get a sympathetic hearing. Courts intervene in major welfare decisions — the "no order" principle means judges won't make an order unless doing so is demonstrably better for the child than not making one.

How to Apply

You apply using Form C100 — the same form used for Child Arrangements Orders. Select the Specific Issue Order option and describe the exact decision you're asking the court to make. The court fee is £270, and you must have a MIAM certificate or valid exemption.

In urgent cases — for example, a child needs time-sensitive medical treatment and one parent is refusing consent — you can apply "without notice" (ex parte). This means the court considers your application without the other parent being present. If the judge is satisfied there's genuine urgency, they can make an interim order immediately. The other parent is then served and gets the opportunity to respond at a full hearing.

How the Court Decides

The court applies the same welfare principle that governs all children's cases: the child's welfare is the paramount consideration. The judge considers the Section 1(3) Welfare Checklist:

• The child's own wishes and feelings (weighted by age and maturity)
• The child's physical, emotional, and educational needs
• The likely effect of any change in circumstances
• Any harm the child has suffered or is at risk of suffering
• How capable each parent is of meeting the child's needs

In practice, the judge also weighs the specific nature of the dispute. For school choice, the court considers proximity to each parent's home, the child's existing friendships and support network, the educational quality of each option, and any special needs. For medical treatment, expert evidence from the child's treating clinician is usually decisive.

Examples from Case Law

Education: Where parents disagree about whether a child should attend a secular or religious school, courts typically favour the option that causes the least disruption to the child's existing routine and social network — unless there's a compelling welfare reason to move them.

Medical treatment: The court applies the welfare principle and weighs the available medical evidence, including any specific medical contraindications. The outcome depends on the child's circumstances and the evidence before the court.

Travel and relocation: If the dispute is about a holiday rather than a permanent move, courts look at the purpose of the trip, the child's age, the destination, and whether the travelling parent has a history of returning the child on time. For permanent relocation (especially international), the bar is much higher — the parent proposing to move must demonstrate that it serves the child's welfare, not just their own convenience.

The Cost and Timeline

The £270 court fee plus any solicitor costs for preparing the application. If both parents are self-representing, the total cost can be kept to the court fee alone plus the MIAM fee (£100–£150).

Timeline varies by court. The court decides how quickly to list an urgent without-notice application based on the urgency and evidence presented.

For guidance on when a Specific Issue Order makes sense versus a Prohibited Steps Order, and how both fit into the broader child arrangements framework, the England Child Custody & Parenting Plan Guide covers the full range of court orders available to separated parents.

See more England guides →