Resolving disputes: prohibited steps and specific issue orders
Prohibited steps and specific issue orders are designed to resolve particular issues relating to children where disputes have arisen.
A prohibited steps order stops someone with parental responsibility from doing something that they would otherwise be entitled to do. For example, prohibited steps orders have been used to prevent the removal of a child from the UK and to prevent a circumcision.
A specific issue order resolves a particular issue. For example, specific issue orders have been used to resolve disputes relating to a child’s education and medical treatment, and to determine how and when a father’s natural paternity should be disclosed.
Who can apply?
The categories of people who are entitled to apply for a prohibited steps or specific issue order are more restricted than the categories of people who are entitled to a contact or residence order. It includes:
- Legal parents, whether or not they have parental responsibility
- Guardians
- Anyone with a residence order.
Anyone who does not fall into these categories needs the court’s permission to apply. In deciding whether to give permission, the court considers the applicants’ connection with the child and the risk of their application disrupting and causing harm to the child. It also considers whether the applicant would have a good arguable case if he or she were allowed to apply for an order.
Contact us for advice on your particular situation.
