How to Apply for a Specific Issue Order
Once you have attended Mediation, you must complete a form to confirm this. Your Family and Child Law Solicitor can apply to the Court for a Specific Issue Order once form C100 is completed. You will need to pay a Court Fee of £215 (unless you meet the necessary criteria to apply for a fees exemption or remission.)
When you make an application and go to Court, you will be in front of a Judge and a representative from Cafcass (Children and Family Court Advisory and Support Services).
There are some circumstances when you might need to make an urgent application to the Court for a Specific Issue Order. In this situation, you don’t need permission from your ex-partner.
How Does the Court Make Their Decision?
When the Court issues a Specific Issue Order, they consider many different factors and situations. Child welfare is the number one priority and will always be the primary focus in the Court’s decision.
The Courts decision will include the wishes and feelings of the child, the physical, emotional and educational needs of the child and their age, sex and overall background.
The Court’s decision will always be in the best interests of the child.
How Much Power Does the Court Have?
The Magistrate or Judge can make a Specific Issue Order within ongoing proceedings. They usually do this if one of the parents is not going to stick to any agreements made in or out of Court or if a parent is acting irresponsibly, by leaving their in the care of someone unsuitable.
What to Do Before Going to Court
Getting specialist legal advice from a Family and Child Law Solicitor is one of the first things you should do before making any application to the Court. If you’re in a dispute over specific child arrangements then we can help you.
We’ll help you try to resolve your dispute before you go to Court, but if you can’t, we can support you all the way through the process.