Prohibited Steps and Specific Issue Orders

Q: Who decides where our children will live after separation?

In most cases, parents decide on arrangements themselves, often through informal discussions or with the help of solicitors or mediators. The law encourages parents to agree on a pattern that works for their children, rather than imposing a standard formula. If you cannot agree, the court can make a Child Arrangements Order setting out where your child will live and when they will spend time with the other parent. The focus is always on what is in the child’s best interests, not on what either parent feels entitled to.

Q: Is “custody” still used in children’s cases?

No. The term “custody” is no longer used in English law, even though it still appears in everyday language and media. The court now makes Child Arrangements Orders which state who the child “lives with” and who the child “spends time with” or “has contact with”. This change of language is designed to reduce the sense of one parent “winning” or “losing” and to focus on practical arrangements that serve the child’s welfare.

Q: How does the court decide what is in a child’s best interests?

No. The term “custody” is no longer used in English law, even though it still appears in everyday language and media. The court now makes Child Arrangements Orders which state who the child “lives with” and who the child “spends time with” or “has contact with”. This change of language is designed to reduce the sense of one parent “winning” or “losing” and to focus on practical arrangements that serve the child’s welfare.

Q: How does the court decide what is in a child’s best interests?

When the court has to make a decision, it applies the “welfare checklist” in the Children Act 1989. This includes factors such as: • The child’s wishes and feelings, in light of their age and understanding • Their physical, emotional and educational needs • The likely effect of any change in circumstances • Any harm they have suffered or are at risk of suffering • How capable each parent is of meeting their needs The law assumes it is usually in a child’s best interests to have a meaningful relationship with both parents, provided it is safe and appropriate.

Q: Do we have to go to court to resolve child arrangements?

No. Many cases are resolved without court proceedings. Options include: • Direct discussions between you as parents • Mediation, where an independent mediator helps you reach agreement • Child inclusive mediation in appropriate cases, where a trained mediator hears from your child in a safe, age appropriate way • Solicitor assisted negotiation, including round table meetings • Family arbitration, where a specialist arbitrator makes a binding decision if you cannot agree The court should usually be a last resort, reserved for cases where agreement is not possible or where there are significant safeguarding concerns.

Q: What is a Child Arrangements Order?

A Child Arrangements Order is a court order that sets out where a child lives, when they spend time with the non-resident parent, and how holidays and special occasions are shared. Orders can state that a child “lives with” one parent and “spends time with” the other, or that a child “lives with” both parents, with care shared. In many cases, once a clear routine is established and parents gain confidence in the arrangements, there is no need to return to court unless circumstances change.

Q: What if I am worried about my child’s safety?

If you have genuine concerns about your child’s safety, such as domestic abuse, substance misuse, neglect or other safeguarding issues, you should seek legal advice urgently. Safeguarding checks are carried out in all Children Act applications, often involving CAFCASS (Children and Family Court Advisory and Support Service), which can advise the court on any risks. The court can make orders that limit or supervise contact where necessary to protect a child, and in very serious cases may suspend contact altogether.

Q: Can I move to another part of the UK with my child?

Relocation within England and Wales is often possible, but you should consider carefully how the move will affect your child’s relationship with the other parent. If you have a Child Arrangements Order or if the move would significantly disrupt the existing pattern, you should seek legal advice before moving. If you cannot agree, the court can decide whether the move is in your child’s best interests, considering factors such as schooling, family support, and how contact with the other parent will be maintained.

Q: Can I take my child abroad after separation?

If you have a Child Arrangements Order stating that the child lives with you, you can usually take them abroad for up to 28 days without the other parent’s consent, provided there is no order to the contrary. For longer trips or permanent relocation, or if there is no such order, you will normally need the other parent’s written agreement or a court order. Disputes about holidays and travel abroad are common. We can advise you on when consent is required, how to document agreements, and what to do if consent is refused.

Q: How is child maintenance decided?

Parents are legally responsible for financially supporting their children. In most cases, day-to-day child maintenance is agreed between the parents informally. If an agreement cannot be reached then a formal child maintenance assessment is handled through the Child Maintenance Service (CMS), which uses a formula based on the paying parent’s gross income, the number of children, and the number of nights spent with each parent. In higher income or more complex cases, the court can make additional orders, for example, for school fees or specific expenses. We can advise on your options and how best to approach child maintenance negotiations or applications.

Question 1

Can Prohibited Steps Orders and Specific Issue Orders be made urgently?

Answer

Yes. Where there is a credible risk of harm or abduction, the court can consider urgent applications, including without‑notice applications, where the other parent is not told in advance. This may be appropriate, for example, if there is evidence that a child is about to be taken abroad without consent. Urgent orders are usually short‑term. The court will list a further hearing so that both sides can be heard before deciding on the appropriate longer-term arrangements.

Question 2

Do I need a specialist solicitor for Prohibited Steps and Specific Issue Orders?

Answer

Given the potential impact of these orders on both parents and children, specialist advice is strongly recommended. A children law solicitor can help assess whether a court application is necessary, prepare the evidence, represent you at hearings, and explore alternative routes such as mediation or arbitration. This support is valuable whether you are seeking an order to prevent a particular step, asking the court to decide a specific issue, or responding to an application made by the other parent.

Question 3

Do we have to try mediation before applying for these orders?

Answer

In most non‑urgent cases, yes. Before applying for a Prohibited Steps Order or Specific Issue Order, the applicant is usually required to attend a Mediation Information and Assessment Meeting (MIAM), unless an exemption applies, such as risk of harm or urgency. Mediation or solicitor‑led negotiation can often resolve disagreements about schooling, holidays or other issues without the need for a court order.

Question 4

How does the court decide whether to make a Prohibited Steps or Specific Issue Order?

Answer

The child's welfare is the court's paramount consideration. Judges apply the Children Act 1989 welfare checklist, including the child's wishes and feelings (where appropriate), their physical, emotional and educational needs, the likely effect of any change, any risk of harm, their age and background, and the capacity of each parent to meet their needs.

Question 5

How long do these orders last, and can they be changed?

Answer

Prohibited Steps Orders and Specific Issue Orders typically last until a specified date or until the child reaches 16, although some may continue to 18 in particular circumstances. They can be varied or discharged if there is a significant change in circumstances or if the original order is no longer in the child's best interests. Either parent (or another person with parental responsibility) can apply to vary or discharge an order, and the court will again apply the welfare checklist when deciding what to do.

Question 6

What happens if a Prohibited Steps or Specific Issue Order is breached?

Answer

Breaching one of these orders is a serious matter. The court can enforce the order through various sanctions, including fines, enforcement orders, and, in extreme cases, committal for contempt of court. The court may also make further orders to put right the breach, such as requiring the return of a child, securing the child's passport, or clarifying future arrangements.

Question 7

What is a Prohibited Steps Order?

Answer

A Prohibited Steps Order (PSO) is a court order that prevents a person with parental responsibility from taking an action regarding a child without the court's permission. It restricts the exercise of parental responsibility where the court considers that the proposed action would not be in the child's best interests. Typical uses include preventing a parent from taking a child abroad, changing the child's surname, moving the child to a different school, or making certain medical decisions without the other parent’s agreement.

Question 8

What is a Specific Issue Order?

Answer

A Specific Issue Order (SIO) is a court order that decides a particular question about a child's upbringing when parents or others with parental responsibility cannot agree. Instead of prohibiting a step, it asks the court to determine what should happen on a defined issue. Examples include deciding which school a child should attend, whether they should undergo specific medical treatment, whether their name should be changed, or whether a proposed move or holiday abroad should go ahead.

Question 9

When would I apply for a Prohibited Steps Order rather than a Specific Issue Order?

Answer

A Prohibited Steps Order is used when you want to stop a specific action, such as preventing a child being removed from the UK, blocking a sudden change of school, or stopping a name change or medical procedure. A Specific Issue Order is used when you want the court to decide what should happen on an issue where there is a disagreement, such as which school is best or whether a particular treatment should proceed. Both orders are Section 8 Children Act 1989 orders, and the court applies the same welfare‑based test to each.

Question 10

Who can apply for Prohibited Steps and Specific Issue Orders?

Answer

Generally, parents, guardians, special guardians, and anyone named as the person with whom a child lives in a Child Arrangements Order can apply without needing the court's permission in advance. Other people, such as grandparents or wider family members, may first need the court's leave to make an application. The child must usually be under 16 and not in the care of a local authority, although there are some exceptions.

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