Sometimes in cases of divorce or family separation, specific issues relating to children arise and need to be dealt with. If this happens while you and your spouse are divorcing – or if your situations change afterwards – and you can’t resolve the problem by agreement negotiation, you might need to consider applying to court for a specific issue order.
A specific issue order is a order allowing the Court to determine an important defined matter.
What are common issues dealt with by specific issue orders?
- child’s medical treatment
- religious upbringing
- medical treatment
- change of surname
A court will always review all of the evidence in a case and make a ruling based on what is best for the child.
When doing so, they will take into account various factors. For instance, they might ask the child what they think about the specific issue in question, depending on how old they are and how well they understand what is going on. They will also look at the needs of the child to make sure that they are being met by any specific issue order that may be issued, as well as the potential effect of the order on that child were it to be enforced.
The court might also consider other relevant information. For instance, if the specific issue order related to changing a child’s religious upbringing, they might look at their religious experience up until that point. They will also study the relevant information to make sure the child is not at risk and that the relevant adults are capable of meeting the needs of the child.
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