Specific issue orders

Specific issue orders

A specific issue order is an order pursuant to section 8 of the Children Act 1989 (ChA 1989) that gives directions for determining a specific question that has arisen, or that may arise, in connection with any aspect of parental responsibility for a child.

It can be used to determine questions about a child's upbringing, such as whether the child should go to a state school or be educated privately or in relation to medical treatment including immunisation, or issues relating to religion. It may also be used to resolve disputes regarding the child’s name or taking the child out of the jurisdiction. A specific issue order can be made on its own or it may be made with another order such as a child arrangements order (CAO).

See Practice Note: Specific issue orders.

ChA 1989 sets out the circumstances in which the court should not make a specific issue order, including, inter alia:

  1. where a child is in the care of the local authority

  2. where it in any way denies to the High Court the exercise of its inherent

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Powered by Lexis+®
Latest Family News

High Court judgment demonstrates usefulness of section 423 of the Insolvency Act 1986 in Schedule 1 claims (Re P (A Child) (Financial Provision))

Family analysis: In this Schedule 1 case the mother received, for her son’s benefit: a housing fund of nearly £1m (the property to be held on trust); child maintenance (including ‘HECSA’/carer’s allowance) until completion of his first degree; and lump sums in respect of his capital needs and her own substantial liabilities (chiefly relating to her unpaid legal fees). The father (whose resources could be measured in the ‘tens of millions of pounds’) had sought to prejudice the mother’s claims via transferring his valuable shares to family members, who then transferred the same into a trust structure (settled under Czech law). A further onwards transfer was then made of the trust’s assets into a Liechtenstein foundation. Inferences were drawn by the court in respect of the level of the father’s wealth, and specifically as to the value of the transferred shares. Detailed findings were made against him in respect of the identified transactions, which had been the focus of the mother’s section 423 application. Although a section 423(2) order was not actually made, the application was adjourned pending the father’s compliance with the award, with security in the sum of £600,000 also ordered, alongside a continuation of the freezing orders made earlier in the proceedings. David Wilkinson, solicitor at Slater Heelis, considers the issues.

View Family by content type :

Popular documents