Following separation, parents may disagree about important decisions concerning their children. These may include which school the child should attend, medical treatment, changing a child’s surname or where a child should live. If an agreement cannot be reached, the court may be asked to intervene.
What is a Specific Issue Order?
A Specific Issue Order is an order made by the court to determine a particular question which has arisen, or may arise.
For example, if parents cannot agree on which school their child should attend, either parent may apply for a Specific Issue Order asking the court to determine the issue. Other examples may include disputes about a child’s medical treatment, holiday or change of surname.
The court will consider the circumstances of the individual case and determine what arrangement is in the child’s best interests.
What is a Prohibited Steps Order?
A Prohibited Steps Order operates differently. It prevents a person from taking a particular step in relation to a child without the consent of the court, or the other party.
For example, a parent may apply for an order preventing the other parent from removing the child from the jurisdiction of England and Wales, changing the child’s school or removing the child from the applicant’s care.
Unlike a Specific Issue Order, which determines a particular question, a Prohibited Steps Order restricts the exercise of parental responsibility in a specified way.
How does the court decide?
In deciding whether to make either order, the child’s welfare is the court’s paramount consideration under section 1 of the Children Act 1989. The court will consider the individual circumstances, including the child’s wishes and feelings, their needs and the likely effect of any change in circumstances.
The court must also consider the ‘no order’ principle, meaning that an order should only be made where doing so would be better for the child than making no order at all.
Conclusion
Specific Issue Orders and Prohibited Steps Orders provide a mechanism for resolving disagreements about important decisions concerning children. The focus will always remain on the child’s welfare and ensuring that any decision made is in their best interests.
For assistance with child arrangements matters, please contact clerks@anvilchambers.co.uk