Specific Issue Order and Prohibited Steps Order

What is a specific issue order?

A specific issue order is an order made by a family judge when those with parental responsibility for a child cannot agree on an aspect of their child’s upbringing and ask a court to decide what is in the child’s best interests.

Examples of specific issue orders:

• Schooling – such as whether a child should be home-schooled, state schooled or privately educated or be enrolled at a school focussed on academic achievement, pastoral care or a faith school
• Medical treatment – including if a child should be vaccinated or circumcised
• Diet – such as whether a child should follow a specific diet such as a vegan or gluten-free diet
• Names – whether a parent should be allowed to change a child’s first name or family name
• Events – including if a parent should be allowed to take their child to a specific event, such as their marriage to their new partner

Ideally, parents will reach a compromise but where that is not possible a court application may be necessary.

What is a prohibited steps order?

A prohibited steps order stops a person from taking an action in a child’s life. In many situations, our prohibited steps order solicitors can help you avoid a court application through negotiation. If necessary, we can help you apply for a prohibited steps order or advise you on breach of prohibited steps order.

Examples of prohibited steps orders

• Stopping a parent taking a child out of their current school and enrolling the child at a different school
• Stopping a parent from bringing the child into contact with someone. For example, a parent’s new partner or an extended family member with a criminal conviction
• Stopping a parent from taking a child overseas on holiday if it is feared that the parent will not return the child to the UK at the end of their holiday

Our prohibited steps order solicitors can advise you on whether you can make an application and guide and support you through the court process.

Reaching agreement over parenting

The role of a children solicitor is not to advise that court proceedings are the only or best option when a parent cannot reach an agreement over the specific parenting arrangements for their child. Every family is different and in some family situations, an urgent specific issue order application should be started without delay. For example, where a parent fears that the other parent will take the child out of their current school without first consulting with them.

In other family disagreements, the best way forward may be to reach a compromise. For example, if you do not want your child to attend boarding school, can you both agree to your child being privately educated as a day pupil?

A children law solicitor can help you reach an agreement by using non-court-based resolution options and support you in reaching an agreement through:

• Roundtable meetings
• Family counselling
• Family mediation
• Arbitration

Some of these alternatives may not be right for you depending on the nature of your relationship with your former partner. For example, if there was domestic violence in the relationship, family mediation may not be appropriate or if you are concerned the other parent is planning on leaving the UK with your child and you need an urgent court order. A children law solicitor can advise you on the best option to suit you and your family to achieve a compromise agreement.

Court cases for specific issue and prohibited steps orders

If you need to start proceedings for a specific issue order or respond to an application for a prohibited steps order a judge will decide the application based on what they think is in your child’s best interests taking into account a set list of factors known as the welfare checklist. The checklist includes:

• The ascertainable wishes and feelings of the child, in light of his or her age and understanding
• The child’s 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 the court considers relevant
• Any harm which the child has suffered or is at risk of suffering
• How capable each of the parents is of meeting the child’s needs
• The range of powers available to the court

When a judge decides an application based on their assessment of what is best for the child your control as parents is taken away and placed in the hands of the court. That is why it is best to take early specialist legal advice to help you understand your legal options and prospects of a successful court application so you can make informed choices over whether to reach an agreement over the disputed parenting issue or ask a court to make an order.

Answering your Frequently Asked Questions on Specific Issue and Prohibited Steps Orders

How long does a specific issue order take?

Depending on why you are making the application you can apply for an urgent specific issue order and get the order the same day. In non-urgent situations, the application could take a few months for the court to make a final decision.

How to apply for a specific issue order?

An application is lodged at the court and the court then holds a direction hearing before listing the application for a final hearing to resolve the disputed issue.

How much does a specific issue order cost?

The costs of making an application depend on its complexity and the number of hearings required. Our specific issue order solicitors can advise you on the likely costs and timescales.

Why would a prohibited steps order be granted?

There are several reasons why a court may grant a prohibited steps order, such as stopping a child from being taken overseas to live without the other parent’s agreement or a court order. If you think you need a prohibited steps order advice our specialist solicitors can explain your options and court procedure.

How long does it take to get a prohibited steps order?

In an urgent situation, an emergency prohibited steps order can be made on the day of the application. The court will then order another hearing for a more detailed consideration of whether the order should continue.

What happens if I break a prohibited steps order?

If there is a breach of prohibited steps order an application can be made to enforce the order. This could include an application for your committal so if you are accused of breaking an order it’s important to take legal advice.

How much is a prohibited steps order?

The cost of obtaining an order depends on the nature of your application and the number of hearings needed. In some cases, our prohibited steps order solicitors can resolve a disputed parenting issue without making an application to the court.

Get in touch with our children law solicitors for advice on specific issue and prohibited steps orders

We can meet with you at our offices, talk over the phone or online via Web Conferencing such as Zoom or Skype. To get the expert legal advice you need, contact our children law solicitors in London.