Resolving Parental Disputes
When parents or guardians with parental responsibility cannot agree on specific aspects of a child’s upbringing, a Specific Issue Order (SIO) can provide a legal resolution. Issued under Section 8 of the Children Act 1989, an SIO addresses particular disputes to ensure decisions are made in the child’s best interests.
A Specific Issue Order is an order from the family court concerning a particular question about a child’s upbringing. Common scenarios include:
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Determining the school a child should attend
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Deciding on medical treatments or surgeries
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Changing the child's name
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Taking the child abroad for holidays or relocation
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Decisions about religious upbringing
The court’s paramount concern is the child’s welfare, and it will consider various factors to ensure the decision serves the child’s best interests.
Applications can be made by:
Parents or guardians with parental responsibility
Step-parents with parental responsibility
Individuals named on a Child Arrangements Order
Others with the court’s permission
If you do not have parental responsibility, you must first obtain the court’s permission to apply.
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Mediation Information and Assessment Meeting (MIAM)
Before applying, attend a MIAM to explore if mediation can resolve the issue. Exemptions apply in cases involving domestic abuse or urgency.
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Complete Form C100
This form is used to apply for an SIO and can be submitted online or via post
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Submit the Application
Send the completed form to your local family court.
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Court Consideration
The court will assess the application, focusing on the child's best interests.
In urgent situations, an emergency application can be made without notifying the other party.
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Duration
An SIO typically remains in effect until the child turns 16, unless specified otherwise by the court. In exceptional circumstances, it may last until the child is 18.
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Enforcement
Breaching an SIO is considered contempt of court and can result in penalties, including fines or imprisonment.
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An SIO can resolve disputes over a child’s education, medical treatment, name changes, travel abroad, and religious upbringing.
While not mandatory, legal advice can help navigate the process and ensure your application is robust.
Yes, if circumstances change, either party can apply to the court to vary or discharge the order.
Once granted, both parties must comply with the order. Non-compliance can lead to legal consequences.
The timeframe varies, but the court aims to resolve matters promptly, especially when the child’s welfare is at stake.
At Waely Law, we make the legal process clear, efficient, and stress-free. Here’s what you can expect when you reach out to us:
