Emergency Applications for Specific Issue Orders: When Speed Matters

If a dispute about your child feels urgent and you worry that delay will cause harm, this guide explains emergency applications for Specific Issue Orders under the law of England and Wales. I set out when to apply, how the court treats urgency, the evidence you need, practical interim remedies, and how I prepare and present emergency applications on your behalf. My aim is to make the urgent process less daunting so you can act to protect your child without unnecessary delay.

What is an emergency Specific Issue Order?

An emergency Specific Issue Order is a court application asking the Family Court to decide one discrete question about a child on an expedited timetable. The court can make short term interim orders or final directions that address urgent risks such as imminent travel removal medical procedures or sudden threats to the child’s welfare. The faster timetable shortens the time to first hearing and focuses the judge on the immediate risk rather than on a full length contested hearing.

When to consider an emergency application

Consider emergency action when delay will cause clear prejudice or risk to the child. Typical situations include:

– imminent travel abroad or passport applications where removal is likely

– an urgent proposed medical procedure that one parent contests

– threats of unilateral relocation or immediate moves overseas

– immediate risk of harm or exposure to unsafe environments

– sudden attempts to change school registration or withdraw the child from school

If time matters, act now. Waiting for the other party to change course often destroys options the court could otherwise protect.

Urgent legal tests the court applies

The court examines urgency and the welfare of the child. Two key principles guide judicial decisions in emergency cases:

– immediate risk and prejudice: the court asks whether delay would harm the child or deprive them of meaningful remedies

– balance of convenience: the judge weighs which interim measures best protect the child while preserving fairness between the parties

The court retains a welfare focus even in urgent hearings. Protecting the child’s best interests always trumps procedural speed.

Interim relief the court can grant in emergency hearings

Interim orders can preserve the status quo while the court decides the substantive issue. Typical interim remedies include:

– a prohibition on removing the child from England and Wales

– an order that no passport may be applied for, used or surrendered

– a requirement that an issued passport be handed to the court or to a named third party

– temporary residence or contact arrangements to protect the child from harm

– a stay on a proposed medical procedure pending further evidence

Interim orders allow the court to address immediate danger without deciding the full merits, so long as the order is proportionate and necessary.

How to show urgency: evidence that matters

Urgent hearings require focused evidence. You must show the risk clearly and promptly. Useful material includes:

– travel documents such as booking confirmations or passport application receipts

– medical letters that explain an intended procedure and the timeframe

– contemporaneous communications indicating imminent plans or threats

– school deadlines, admission dates or transfer timetables

– any previous breaches of agreements or court orders

– witness statements that confirm plans or threats and explain likely harm

I prioritise concrete contemporaneous documents that demonstrate the immediacy of the risk and the need for protective measures.

Preparing a focused emergency bundle

Time matters in emergency work. I prepare a concise paginated bundle that frontloads the judge with what they must see first:

– a one page summary of the urgent issue and the orders sought

– a two page chronology of essential events with dates

– key documents such as bookings medical letters or passport evidence

– a short witness statement from the applicant explaining the urgency

– any court orders or prior agreements relevant to the dispute

A short well ordered bundle helps the judge act quickly and reduces the risk of an adjournment for further evidence.

Mediation exemptions in urgent cases

Normally parties must attend a Mediation Information Assessment Meeting before starting private children proceedings. The court recognises that mediation is inappropriate where urgency or safety concerns exist. I explain how to request an exemption and provide the precise evidence the court expects to rely on such as imminent travel bookings threats or medical deadlines. Where mediation would cause delay and risk the child I apply for immediate interim relief without a MIAM certificate.

Procedural routes for emergency hearings

You can seek urgent relief in several ways:

– apply for an urgent hearing at your local Family Court listing

– issue a Form C100 and request an expedited first hearing on the cover sheet

– make an application to the urgent duty judge via the court office for same or next day listing

– in exceptional life threatening cases counsel will ask for immediate remote hearings or for the High Court to exercise inherent jurisdiction

I use my knowledge of local practice to get hearings listed quickly and to present your case effectively to the duty judge.

How the court treats contested emergency applications

In contested interim hearings the judge listens to both parties briefly and decides on proportionate steps. The judge will not decide final merits at an interim hearing unless the evidence supports it and fairness allows. Expect short careful questioning and a focus on practical solutions that safeguard the child. The court may attach conditions such as safe supervised contact or restrictions on travel documents while waiting for a fuller hearing.

Role of Cafcass and emergency assessments

CAFCASS can perform rapid initial enquiries and provide the judge with an independent position note. In urgent cases the court may ask for a short CAFCASS report or direct the officer to attend the hearing. I liaise with CAFCASS early, supply a short bundle and explain the urgency so the officer can prioritise enquiries. Where safeguarding concerns exist I involve social services promptly to secure immediate protective measures.

When to involve the police or border agencies

If the risk includes imminent removal abroad or suspected abduction contact the police family protection unit and the Passport Office quickly. I advise clients on when to request port alerts or to apply for an emergency injunction. In high risk cases I co-ordinate with law enforcement to ensure the child receives immediate protection while the court considers longer term orders.

Funding and legal aid for emergency applications

Legal aid may be available for urgent family proceedings that involve safeguarding concerns or risk of harm. We do not deal with legal aid. If legal aid does not apply I offer fixed fee emergency packages and staged retainer options to ensure critical interim steps happen without delay.

How I prepare clients for urgent hearings

I prepare clients for the compressed pace of an urgent hearing. I will:

– rehearse your short oral evidence so you present the key facts clearly

– explain likely questions and how to avoid inflammatory or irrelevant statements

– ensure your witness statement is concise and focused on the urgency

– manage expectations about interim relief versus final outcomes

Clear preparation prevents the hearing from becoming adversarial and helps the judge make a prompt sensible decision.

Common urgent scenarios and practical tactics

– Imminent travel or passport issues: gather booking confirmations screenshots of passport applications and messages indicating intent to travel. Seek interim orders to prevent removal and to require surrender of passports.

– Urgent medical disputes: obtain a clinician’s letter stating the proposed treatment, timeframe and consequences of delay. Ask for a stay on the procedure pending a fuller clinical assessment if appropriate.

– Immediate relocation threats: show evidence of moving plans, new job contracts or housing arrangements and apply for an order preventing removal until the court decides the wider relocation issue.

– Sudden withdrawal from school: supply school attendance records and communications showing intended withdrawal. Seek temporary directions to keep the child in school pending assessment.

In every scenario act quickly and provide immediate documentary proof.

Balancing urgency with fairness

Urgent hearings rely on speed but courts must be fair. The court will avoid blind ex parte orders except where necessary. Judges will consider giving the other party short notice unless that notice would undermine the protective purpose. I aim to present the case so the judge can protect the child while ensuring the hearing remains fair to both parties.

After the interim hearing: next steps

An interim order usually leads to directions for further evidence, a CAFCASS report, disclosure and a timetable towards a final hearing. I prepare the follow up bundle and manage expert reports and witness statements to strengthen the substantive case. Interim success protects the child immediately but the lasting outcome depends on evidence produced for the final hearing.

Common mistakes that delay emergency relief

Avoid these errors:

– failing to collect contemporaneous evidence before the hearing

– overloading the judge with large irrelevant bundles that obscure key facts

– exaggerating risk without factual support which undermines credibility

– delaying contact with police or CAFCASS where their input would help secure interim protection

Early practical action and focused evidence avoid unnecessary adjournments.

Checklist for urgent action

– can you show concrete plans or deadlines such as bookings or medical dates?

– do you have documentary proof like emails texts passports or medical letters?

– have you contacted CAFCASS or the police if risk involves safety or abduction?

– can you get to court quickly for an interim hearing?

– do you need immediate legal advice or an emergency solicitor package?

If you answer yes to any of these questions act now and seek urgent legal help.

Final thoughts: fast, precise, child focused

Emergency applications for Specific Issue Orders place speed on the same footing as careful welfare analysis. I help clients gather focused evidence secure rapid interim protection and prepare for the substantive hearing so the court can make a durable child focused decision. If the situation feels urgent contact me, Peter Johnson of Alexander JLO Solicitors. I will assess the risk, prepare the emergency bundle and represent you at short notice so you can protect your child without facing the process alone.

At Alexander JLO we have many years of experience of dealing with all aspects of family law and will be happy to discuss your case in a free no obligation consultation. Why not call us on +44 (0)20 7537 7000, email us at info@london-law.co.uk or get in touch via the contact us button and see what we can do for you?

This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on 27th November 2025 and is correct at the time of publication. With decades of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of London’s leading divorce lawyers. His profile on the independent Review Solicitor website can be found Here