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Specific Issue Order

Do you need to change your child’s name or change their school or take them abroad for a holiday and their other parent won’t agree? Are you the one who is objecting to one of these changes for good reason? A Specific Issue Order is a Court Order relating to a specific issue that has arisen regarding a child that the parents (or other people with parental responsibility) are unable to resolve between them.

How do I apply for a Specific Issue Order?

If you are seeking an order allowing you to relocate with a child, please also refer to the Relocation page as relocation is one example of a specific issue order. If you are applying, for example, for a change of name the procedure is exactly the same.  Before you make the application, you will, as  a general rule, need to attend a Mediation Information Assessment Meeting (MIAM) either together with or separately from the person that you are seeking the order against.  The exceptions to this rule include the non-availability of a mediator and where there has been violence within the relationship. The purpose of mediating is to make one final attempt to resolve matters, before going to Court.

If mediation is unsuccessful, the application can be issued, generally in the court which covers the area where the subject child lives. The court will arrange a First Hearing and Dispute Resolution Appointment and the court proceedings will progress from there. If your application is urgent, there is a procedure for the court to deal with it immediately. All court decisions made about children are based on what the court considers is in the best interests of the child.

 

How do I oppose a Specific Issue Order being made?

If you are a person with parental responsibility, you will automatically receive a copy of the application and be entitled to attend court hearings, have legal representation and make your objections known to the court. If you do not have parental responsibility, you will need to ask the court for permission to become a party to the proceedings so that you can be present in court and make your objections known.

 

How can The Modern Family Law Company help?

We are experts in all aspects of family law relating to children. We can advise you about the prospects of succeeding in making or opposing an application for a Specific Issue Order. We can draft the application and the necessary statements of evidence and ensure that the evidence is presented to the Court in the best way to secure the outcome that you are looking for.

 

How will we support you through the process?

We know from personal experience exactly how stressful and distressing court proceedings about children can be.  Whatever your situation, we will be there to support you through all the ups and downs of the process. We can refer you to one of our trusted partners e.g. a counsellor or psychotherapist,  if more formal support services are needed.

 

How do I find out more about Specific Issue Orders?

Please Get in Touch via our contact page and we'll be delighted to provide further information.

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