In family law, a Specific Issue Order (SIO) is a legal order that addresses specific issues related to a child’s upbringing, education, healthcare or any other matters requiring a decision from the court. This blog aims to provide an overview of what a Specific Issue Order entails, the areas it covers and explore relevant case law that has shaped its interpretation and application.
- Understanding Specific Issue Orders:
A Specific Issue Order is a court order issued under the Children Act 1989 in England and Wales. It allows the court to make decisions on specific issues that parents or guardians cannot agree upon regarding their child’s upbringing. SIOs are sought when there is a dispute or disagreement between parties and the court’s intervention is necessary to resolve the matter.
- Areas Covered by Specific Issue Orders:
Specific Issue Orders can cover a wide range of issues, including but not limited to:
Education: This may involve decisions regarding the choice of school, homeschooling or special educational needs provision.
Healthcare: SIOs can address medical treatment, vaccinations or decisions related to the child’s physical or mental health.
Religious Upbringing: The court may intervene when there is a disagreement between parents regarding the child’s religious upbringing or participation in religious activities.
Change of Name: If one parent wishes to change the child’s name and the other parent objects, a Specific Issue Order may be sought to resolve the matter.
- Case Law Influencing Specific Issue Orders:
Re G (Education: Religious Upbringing) [2012] EWCA Civ 1233: This case highlighted the importance of balancing the child’s welfare and the parents’ rights when making decisions regarding religious upbringing. The court emphasised the need to consider the child’s best interests and the impact of religious choices on their overall well-being.
Re R (A Child) (Vaccination: Parental Dispute) [2018] EWCA Civ 1134: This case addressed the issue of vaccination when parents disagreed on whether their child should receive certain vaccinations. The court emphasised the importance of considering expert medical advice and the child’s welfare when making decisions related to healthcare.
Re C (Change of Name) [2017] EWCA Civ 980: This case focused on the issue of changing a child’s name when one parent objected. The court emphasised the need to consider the child’s welfare, the reasons for the proposed name change, and the impact on the child’s identity and relationships.
- Factors Considered by the Court:
When deciding on a Specific Issue Order, the court considers various factors, including the child’s welfare as the paramount consideration. The court may take into account the child’s wishes and feelings (depending on their age and understanding), expert opinions, the parents’ views and any potential risks or concerns.
- Seeking Legal Advice:
Given the complexities involved in Specific Issue Orders, it is advisable to seek legal advice from a family law professional. We can provide guidance on the specific circumstances of your case, help navigate the legal process and ensure that the child’s best interests are protected.
A Specific Issue Order is a crucial legal tool in family law cases, allowing the court to make decisions on specific issues related to a child’s upbringing. Understanding the areas covered by SIOs, relevant case law and the factors considered by the court is essential for parents seeking resolution in disputes. Seeking legal advice and representation can help navigate the complexities of Specific Issue Orders and ensure the best interests of the child are upheld throughout the process.
If you are going through divorce or separation it is always best to try and find an amicable solution to issues relating to children. At Alexander JLO we have a team of expert family lawyers to assist you to do just that. We are aware, however that the subject of children can be an emotive one and that amicable solutions are not always possible. We are here to fight your corner if you do need to proceed to obtaining a Specific Issues Order. Why not give one of our expert family lawyers a call on 020 75377000 or email peter@london-law.co.uk for a free no obligation consultation and see what we can do for you?
This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on the 22nd February 2024 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. His profile on the independent Review Solicitor website can be found Here