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Specific Issue Order quick Q&A
What is a Specific Issue Order and how do they work?
Anyone with parental responsibility can take the child anywhere within the United Kingdom without any consent.
A parent with a Residence Order can take a child out of England and
Wales for up to one month without the other party's consent for a
holiday but a Specific Issue Order must be applied for to seek the court's consent to take a child to live in or visit another country for longer than a month.
If you do not have a Residence Order then you must seek the other parent's consent (or any party who has parental responsibility).
The court must consider the child's needs as paramount and must apply the following checklist before making a Specific Issue Order:
- The ascertainable wishes and feelings of the child concerned (considered in the light of his or her age and understanding).
- His or her physical, emotional and educational needs.
- The likely effect on the child of any change in circumstances.
- The child's age, sex, background and any characteristics that the court considers relevant.
- Any harm which the child has suffered or is at risk of suffering.
- How capable each of the child's parents are, or any other person in relation to whom the court considers the question to be relevant, is of meeting the child's needs.
- The range of the powers available to the court under the Children Act.
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