Advice Centre
Finding co-parenting an issue?
If you have trouble coming to an agreement with your child’s father/mother on a particular matter, such as taking the child abroad, then you may need to consider applying to the court for a Specific Issue Order.
When two parents cannot agree between themselves on a particular matter in connection with the exercise of parental responsibility then an application to the court may be needed.
A Specific Issue Order is designed to assist families to reach a safe and child-focused agreement for their child.
An application for a specific issue order can be made to resolve disputes relating to:
- changing a child’s name
- medical treatment
- permission to take the child abroad for a holiday
- return of a child in an abduction case
- how a child should be educated
- child’s religious upbringing
Who can apply for a Specific Issue Order?
An application for a Specific Issue Order can be made by parents, step parents with parental responsibility , grandparents and anyone who is named in a Child Arrangements Order as a person with whom the child is to live.
How long a Specific Issue Order can be granted for?
In limited circumstances a Specific Issue Order can last until the child is 18 years old but will be granted for a specified length of time or until the child reaches the age of 16 years old.
Travel abroad?
If you want to take your child on holiday and you do not have the permission of the other parent that holds parental responsibility you may need to make an application for a Specific Issue Order to obtain permission from the court. However, where there is a Child Arrangements Order in place, stipulating with whom a child lives, the resident parent can take the child abroad for up to 28 days without the consent of the other person with parental responsibility. If you are the non resident parent then an agreement with the resident parent should be reached before taking the child abroad.
Relocating?
If you wish to remove the child from England and Wales permanently or to relocate with the child the court’s permission may be required, unless it is agreed with all other persons with parental responsibility. Even if there is an agreement , an order will be needed even if there is a Child Arrangements Order in place. Removing the child without consent of the other parent may result in abduction which is an offence under the Child Abduction Act 1984.
If you require advice on a specific matter relating to your children or on any other family law issue, please contact Melissa Cunningham in the Family Law team on 0333 358 3062 or email info@imd.co.uk.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
