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
- Changing the child’s school,
- Receiving medical treatment,
- Relocating with the child.
A parent can apply to the Court to prevent the other parent acting in a certain way. For example:
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.