Specific issue orders: asking a court to decide a child's name

What a specific issue order is#

Section 8 of the Children Act 1989 defines it as an order "giving directions for the purpose of determining a specific question" about any aspect of parental responsibility. GOV.UK counts agreeing to a change of name as part of parental responsibility, and form C100 uses names as its own example: asking the court "to decide whether a child's surname should be changed". The court answers that one question; it does not take over the child's upbringing.

When a name change needs one#

That last row reflects section 9(7) of the Act: a court makes a section 8 order about a child of 16 or over only if the circumstances are exceptional.

First, a mediation meeting#

Section 10 of the Children and Families Act 2014 requires you to attend a mediation information and assessment meeting (MIAM) before applying. It is not mediation: an accredited mediator explains the ways of settling out of court and whether they suit your case. The Family Mediation Council says it lasts about an hour and costs about £120 a person, or nothing with legal aid, and only an accredited mediator can sign the court form. If you attend and the other parent does not, GOV.UK says you can still apply. A voucher of up to £500 is available towards mediation sessions, though not the MIAM.

Rule 3.8 of the Family Procedure Rules lists the exemptions, among them evidence of domestic abuse, child protection enquiries, urgency, a MIAM or other out-of-court process about the same dispute in the last four months, an application made without notice, and no accredited mediator being available. The court checks any exemption claimed and can send you to a MIAM if it was not valid.

Applying: form C100 and the fee#

GOV.UK asks you to apply online to avoid delay; on paper, you send form C100 and three copies to the child's local family court. You tick "Specific Issue Order" and describe the order you want. Form C1A goes with it if you allege the child has suffered or risks harm, and form C8 keeps your address from the other side.

The fee is £270, the figure in HMCTS's fee list (EX50), updated on 13 July 2026; GOV.UK's deed poll guide still shows the earlier £263. Help with fees can reduce or remove it if your savings are low and you receive certain benefits or have a low income. You apply online or on form EX160 with the application, or within three months of paying, for a refund.

Any parent can apply, with or without parental responsibility, as can a guardian, a special guardian, a step-parent who holds parental responsibility, and anyone a child arrangements order names as a person the child lives with. Others, including the child, need the court's permission first. The court sends the application to the respondents: everyone you believe holds parental responsibility.

What Cafcass does#

The court passes the application to Cafcass, or Cafcass Cymru in Wales. Before the first hearing it checks with the police and with the local authorities where the family has lived, offers each parent an interview, and sends the court a safeguarding letter. If the case goes further, the court can ask Cafcass for a fuller report.

Hearings, and how long it takes#

The first hearing is usually a first hearing dispute resolution appointment, where GOV.UK says the judge or magistrates work out what you agree on, what you do not and whether the child is at risk. If you agree and there are no welfare concerns, it can end there with a consent order. If not, Cafcass describes the usual path: a pause for a report, a dispute resolution hearing, then a final hearing where the court decides. GOV.UK says a court order usually takes around 10 months, depending on where you live.

Section 1 of the Act governs the decision: the child's welfare is paramount, delay is likely to harm it, and the court makes no order unless that is better for the child than none. What the court weighs on a surname is covered separately.

After the order#

An order usually gives permission rather than changing the name. HM Passport Office's guidance says court orders "usually give leave (permission) to change a child's name", so for a passport it still wants evidence of the change, normally a deed poll, and proof that the new name is in use; only an order saying the child is now known by the new name needs nothing more. If a year or more passes before the passport application, the passport office checks the name was taken up. The usual sequence is the order, a child deed poll recording the change, then the school, the GP and the passport.

The other side: a prohibited steps order#

A prohibited steps order works the other way: section 8 defines it as an order that a step a parent could take, of a kind it specifies, must not be taken without the court's consent. GOV.UK's example is taking a child out of the country. A parent who fears a change of name can ask for one covering that, and HM Passport Office checks for court orders that prevent a child's name being changed. The form, fee and mediation rule are the same, and one application can ask for both orders.

Scotland and Northern Ireland#

GOV.UK notes that the rules differ in both; form C100, the MIAM rule and the £270 fee belong to England and Wales. In Scotland, section 11 of the Children (Scotland) Act 1995 lets the sheriff court or the Court of Session make a "specific issue order" on any specific question about parental responsibilities or rights, or an interdict stopping a step. The child's welfare is paramount, no order is made unless it is better for the child than none, and the child must be given a chance to express a view, taking account of age and maturity. In Northern Ireland, Article 8 of the Children (Northern Ireland) Order 1995 defines both orders in the same words; nidirect covers the family courts there.

Getting advice#

This page describes the process, not your case. GOV.UK's find a legal adviser service lists family solicitors, the Family Mediation Council's mediator search shows who can sign court forms, and Citizens Advice gives free advice.