Understanding Specific Issue & Prohibited Steps Orders

Specific Issue Order

Sometimes parents are unable to agree on a specific issue relating to the child and they can apply to the Court to determine that issue. For example:

  • Whether the child’s name should be changed,
  • How the child should be educated,
  • What religion or faith the child should follow,
  • Whether the child should receive medical treatment,
  • Whether the resident parent can relocate with the child (either within or outside the jurisdiction of the court.)

Prohibited Steps Order

    A parent can apply to the Court to prevent the other parent acting in a certain way. For example:

  • Changing the child’s school,
  • Receiving medical treatment,
  • Relocating with the child.

Leave to remove from the jurisiction

A Resident Parent cannot remove a child permanently from the jurisdiction without permission unless the Court makes an Order.

The Court will consider the following:

  • Whether it is in the child’s best interests.
  • Whether the resident parent’s plans are reasonable and practicable.
  • If the plan to move is genuinely motivated.
  • The impact of the plans to move on the child’s relationship with the non-resident parent and family.
  • The impact of refusing permission on the resident parent and thus the child.

Leave to relocate within the juristiction

The Court will not normally prevent a resident parent who seeks to relocate within the jurisdiction unless, for example, it is clearly motivated by a desire to alienate the non-resident parent or the resident parent has not made proper and well thought plans. In such cases the Court may make an Order.

I am an experienced Family Law barrister with detailed knowledge of making and resisting such applications. If you wish to instruct me under the Direct Access scheme please contact me.