Specific Issue Order Solicitors in Scotland
When you and your former partner have a disagreement over how to raise your children, a specific issue order may allow the court to intervene and resolve the dispute.
- Specialists in Scottish family law and divorce
- Fixed-fee consultations from £250+VAT
- Book a consultation today and take the first step towards your future
Expert advice on specific issue orders and how the court resolves disputes about children's upbringing.
A specific issue order was introduced in the Children (Scotland) Act 1995 and allows the court to prohibit a certain action taking place, to stop ongoing behaviour, or to allow something to happen such as a change of school. The scope of what a specific issue order covers is deliberately wide, allowing the court to intervene in a wide number of situations.
If your former partner is attempting to make a decision on your child’s upbringing that you feel is in violation of a prior agreement, or bad for the child’s welfare, our team of solicitors can advise on the appropriate steps to take.
A team with extensive experience across the full range of family law.
Glasgow, Aberdeen and Edinburgh, with telephone and video appointments available throughout Scotland.
Focused advice from a family solicitor, followed by a written assessment and a tailored fee estimate.
A dedicated family law team handling everything from straightforward separation to complex financial and child law disputes.
What Does Our Specific Issue Order Service Include?
At Kee Solicitors, we advise parents on specific issue orders when a particular decision about a child’s upbringing cannot be agreed. Whether the issue relates to education, medical treatment, religion or relocation, our team provides clear guidance on the court process and what to expect.
Common reasons for seeking a specific issue order and what the court considers.
Schooling is a common point of contention for separated parents. Where parents cannot agree on where a child should go to school, the court will make the decision prioritising what best supports the child’s welfare, tending to maintain the status quo where other factors are equal.
Child relocation is another frequent reason for seeking a specific issue order. Regardless of whether this is another area of Scotland, the UK or the world, a move cannot be made without court approval if the other parent does not consent.
Any parent who shares parental rights and responsibilities must have the other parent’s permission to remove a child from the UK, even for a holiday. Failure to do so can, in extreme cases, be considered an offence of child abduction. If you cannot get permission, you will need to apply to the court for a specific issue order.
Our Dedicated Team of Family Law Experts
Hear Directly From Kee Solicitor Experts
Frequently Asked Questions: Specific Issue Orders in Scotland
Common questions about specific issue orders and how they work in Scotland.
How long does a specific issue order take?
A defended application can take weeks or months, depending on urgency, evidence, reports and court availability. An interim order may be sought sooner where a school place, journey, treatment or move requires an immediate decision.
Can a specific issue order override a private agreement?
The court is not bound by a private child arrangement if welfare requires a different decision. It will consider the existing agreement and the reasons for change when applying the section 11 tests.
What is the no-order principle?
The court should not make an order unless doing so is better for the child than making no order. A specific dispute can still justify an order where clarity, welfare or protection requires a legal decision.
Can someone without parental rights apply?
A person who claims an interest in the child can ask the court for a section 11 order. The court decides whether the application and proposed order are justified by the child’s welfare.
What is the difference between a specific issue order and an interdict?
A specific issue order regulates a defined question about the child. An interdict prohibits conduct. Depending on the facts, a relocation or travel dispute may require one or both remedies.
- Enter your details
- Book a no-obligation callback at a time that suits you