When parents cannot agree on one important decision in a child’s life, the court can decide it for them. A specific issue order under section 11 of the Children (Scotland) Act 1995 settles a single question — a school, a move, a medical decision, a name — without disturbing the wider arrangements for the child. Rooney Family Law practises family law exclusively, and our accredited specialists act for parents on both sides of these applications throughout Scotland.
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Why Instruct Rooney Family Law
Specific issue applications turn on fine judgement: what the court will actually order, what evidence carries weight, and whether the application is worth making at all. That judgement comes from doing this work and nothing else.
Family Law Only
Family law is not one of the things we do. It is the only thing we do.
Accredited Specialists
Accredited by the Law Society of Scotland as Specialists in Family and Child Law.
Three-Minute Units
We bill in three-minute units rather than the six-minute units many firms use.
What Is a Specific Issue Order?
A specific issue order is a direction from the court resolving one particular question about a child’s upbringing. The court makes it under section 11 of the Children (Scotland) Act 1995, which gives the sheriff power to make orders about parental responsibilities and rights.
It is narrower than a residence or contact order. Residence and contact set the shape of a child’s life week to week. A specific issue order answers one discrete question and leaves everything else alone. That focus is its advantage: parents who agree on most things but are deadlocked on one can put that single question before the court without reopening the rest.
The two questions the court asks. First, what does the child’s welfare require? Under section 11(7) the welfare of the child is the paramount consideration. Second, would making the order be better for the child than making no order at all? The court will not make an order simply because a parent has asked for one.
This second question, often called the no order principle, defeats more applications than parents expect. If the court considers the parents could resolve the matter themselves, it may decline to intervene.
When a Specific Issue Order Is Used
The order is deliberately flexible. In practice most applications fall into a handful of categories.
Schooling
Which school a child should attend, a move between the state and independent sectors, or whether a child should receive additional support for learning.
Relocation
Where one parent wishes to move with the child, whether within Scotland, elsewhere in the United Kingdom, or abroad. These are the most heavily litigated specific issue cases and are dealt with separately below.
Medical treatment
Significant medical decisions where parents disagree, including surgery, vaccination, and treatment for a diagnosed condition.
Religious upbringing
Participation in religious observance, ceremonies, or education in a particular faith.
Change of name
Where one parent seeks to change a child’s surname or forename without the other parent’s agreement.
Travel and passports
Applications for a passport, or permission to take a child abroad on holiday, where the other parent will not consent.
Occasionally a dispute of this kind is a symptom of something wider, such as one parent steadily undermining the child’s relationship with the other. Where that is the concern, our page on parental alienation in Scotland deals with it directly.
What the Court Considers
Every specific issue application is decided on the child’s welfare. Within that, certain matters recur.
The child’s views
Scottish courts must give the child an opportunity to express a view and must have regard to any view expressed, taking account of the child’s age and maturity. Following the Children (Scotland) Act 2020, this applies to all children capable of forming a view, not only those aged twelve or over.
Whether the proposal is realistic
A well-intentioned plan that cannot actually be delivered carries little weight. The court looks at practicalities: cost, distance, timing, housing, and who will do what.
The effect on the child’s relationships
How the decision will affect the child’s relationship with each parent, and with siblings, grandparents, and others who matter to the child.
Safety
Any allegation of abuse, neglect, or other harm is investigated before the substantive question is answered. Section 11 requires the court to have regard to the need to protect the child from abuse.
Stability
Courts are generally slow to disturb settled arrangements. A parent seeking to change the status quo should expect to explain why the change is positively good for the child, rather than merely acceptable.
Specific issue orders sit alongside residence and contact within section 11 of the Children (Scotland) Act 1995. Our guide to residence, contact and section 11 orders explains how the three work together.
Relocation: What the Scottish Cases Say
Relocation is the hardest category of specific issue application, and Scotland has its own settled line of authority which differs from the approach taken in England and Wales.
There is no burden of proof on the parent who wishes to move. This is the point most commonly misunderstood. The court does not start from a presumption either way. It considers all of the material before it and decides what is best for the child, following White v White 2001 SC 689.
There is no presumption in favour of the parent the child lives with. In SM v CM [2011] CSIH 65 the Inner House confirmed that a relocation application must be judged without any preconceived presumption in favour of either parent, and that the wishes and interests of the parents receive no special weight. The English line of authority following Payne v Payne is not the law in Scotland.
A parent seeking to change the status quo must justify the change. That is not a legal onus, but a practical one: the court will need enough evidence to be satisfied that moving is better for the child than staying.
In M v M 2008 Fam LR 90, Sheriff Morrison at Edinburgh Sheriff Court set out eleven factors relevant to an application to relocate abroad. They are not a statutory test and they do not bind other sheriffs, but they are widely used as a checklist in practice. They include the reasonableness of the proposed move, the motive of the parent wishing to move, the importance of the other parent in the child’s life, the child’s relationships with siblings and extended family who would be left behind, and the extent to which contact could realistically be maintained after the move.
The practical lesson from both cases is that relocation applications are won on detail. A parent who arrives at court with schools identified, housing arranged, costings done, and a workable contact proposal for the other parent is in a materially stronger position than one who arrives with an intention.
Resolving Matters Without Going to Court
Court should be the last option, not the first. It is slow, it is expensive, and it hands the decision to a sheriff who does not know your child. Before raising an action we will always consider whether the matter can be resolved another way.
Solicitor-led negotiation
Each parent takes independent advice and the solicitors negotiate directly. For a single discrete question this is often the fastest and cheapest route, and it frequently succeeds where direct discussion between parents has broken down.
Family mediation
A trained mediator helps parents reach their own decision. Relationships Scotland provides family mediation across the country. Mediation works best where both parents are willing to engage and there is no imbalance of power between them.
Collaborative practice
Both parents and their solicitors commit in writing to resolving the matter without court, and work through it in four-way meetings. It suits complex questions that need a tailored solution rather than a simple yes or no.
Sheriffs expect parents to have made a genuine attempt to resolve matters before raising an action, and a parent who has plainly refused to engage may find that counts against them.
The Court Process
An application is made to the sheriff court for the area where the child lives. In court papers the parent applying is the pursuer and the other parent is the defender.
Initial writ
The pursuer lodges a writ under section 11 setting out the order sought and the reasons for it. The writ is served on the defender, who may lodge defences.
Child welfare hearing
An early hearing at which the sheriff explores whether the matter can be narrowed or settled, and gives directions. Both parents usually attend. Many cases are resolved at or shortly after this stage.
Reports
The sheriff may appoint a child welfare reporter to investigate and report independently, and may direct that the child be given an opportunity to express a view.
Further hearings
Additional child welfare hearings may deal with interim arrangements and monitor progress while matters develop.
Proof
If the case does not settle, evidence is led at a proof and the sheriff decides. Proofs are the expensive part of any action, which is why the earlier stages matter so much.
Decision
The sheriff grants, refuses, or modifies the order sought, and issues a judgement with reasons.
Timescales depend on the court, the complexity of the case, and whether it is contested. A straightforward application that settles at an early child welfare hearing may take a few months. A contested relocation running to proof can take a year or longer. Where a child faces immediate risk, an interim order can be sought at short notice.
If the Order Is Not Obeyed
An order of the court is binding on both parents. Where one parent does not comply, the options are as follows.
Return to court
The parent seeking compliance can apply to the court to enforce the order.
Vary the order
Where circumstances have genuinely changed, the right course is to apply to vary the order rather than to ignore it. Ignoring an order is never the answer.
Penal notice
The court may attach a penal notice, formally warning of the consequences of continued failure to comply.
Contempt of court
Persistent and deliberate breach can be treated as contempt, which carries the possibility of a fine or, rarely, imprisonment.
In practice courts prefer to secure compliance rather than to punish, particularly where children are involved. But an order that is treated as optional is worth very little, and sheriffs are alive to that.
Our Fees
Specific issue applications vary too much for a single fixed fee to be honest: a matter that settles at a first child welfare hearing and a contested relocation proof are entirely different pieces of work. We charge on a time basis, in three-minute units rather than the six-minute units many firms use, so short items of work are rounded up by less.
At the outset we will give you a realistic estimate for the next stage of work rather than a figure for the whole case, and we will revise it as matters develop. A court fee is payable when the action is lodged, and we will confirm the current figure at the time. Full details of how we charge are on our fees page.
Please note: Rooney Family Law does not offer Legal Aid. If you may qualify for Legal Aid, the Scottish Legal Aid Board website explains eligibility and lists solicitors who do.
Common Questions
How long does it take to get a specific issue order in Scotland?
It depends on the court, the complexity of the question, and whether the application is opposed. A straightforward matter that settles at an early child welfare hearing may take a few months. A contested application that runs all the way to a proof can take a year or longer. Where a child faces immediate risk, an interim order can be sought at short notice.
Can a specific issue order be changed after it has been granted?
Yes. Either parent can apply to the court to vary the order if circumstances have changed significantly. The court applies the same test as before: what the welfare of the child now requires, and whether varying the order would be better for the child than leaving it as it stands. Ignoring an existing order is never an acceptable alternative to applying to vary it.
Will the court listen to my child’s views?
Scottish courts must give the child an opportunity to express a view and must have regard to any view expressed, taking account of the child’s age and maturity. Following the Children (Scotland) Act 2020, this applies to all children capable of forming a view, not only those aged twelve or over. The weight given to a view increases with the child’s maturity and understanding of the question being decided.
What does it cost to apply for a specific issue order?
The cost depends on whether the application is opposed and how far it goes. We charge on a time basis in three-minute units rather than the six-minute units many firms use, and we will give you a realistic estimate for the next stage of work at the outset, revised as matters develop. A court fee is payable when the action is lodged. Rooney Family Law does not offer Legal Aid.
Can grandparents or other relatives apply for a specific issue order?
Yes. Section 11 of the Children (Scotland) Act 1995 allows anyone claiming an interest in the child to apply, so an application is not limited to parents. A grandparent or other relative will normally need to show the nature of their involvement in the child’s life and why the order sought is in the child’s interests. The welfare of the child remains the paramount consideration.
What Our Clients Say
The decision to instruct Rooney family law was one of the best decisions I have made.
Excellent guidance, advice, professionalism and reassurance throughout.
It has been important to be able put my trust in someone at such an important and difficult time in my life.
Everyone has been supportive and helpful throughout.
I would not hesitate to recommend your services.
Thanks to Brian Rooney and all the wonderful staff in Uddingston.
Thank you once again
I hope I never have to use a family lawyer again, but if I did I wouldn’t hesitate to use Rooney Family Law and can’t recommend them highly enough.
Wonderful!! Thank you Rooney Family.
Legal review: Brian Rooney, Managing Partner and Law Society of Scotland Accredited Specialist in Family Law. Last reviewed: July 2026.
