Family Department Fact Sheet
Specific Issue & Prohibited Steps Orders
This document provides general guidance regarding applications for specific issue and prohibited steps orders. Your family lawyer will be able to provide specific advice based on your circumstances.
A specific issue order determines a particular question in connection with a child. It can be used to resolve issues about a child’s upbringing, such as where the child should go to school (e.g., state or private), whether they should receive religious instruction or whether they should have a particular form of medical treatment.
A prohibited steps order imposes a restriction on a parent or other holder of parental responsibility that prevents them from doing something without the consent of the court. They may be used, for example, to prevent a change of a child’s name or to prevent a parent from taking a child abroad.
Parents, step-parents with parental responsibility, guardians, special guardians and anyone who is named in a child arrangements order as a person with whom the child is to live (formerly known as a residence order) may apply to the court for a specific issue or prohibited steps order without requiring the court’s permission to do so. Anyone else, including the child, will need the court’s permission to make an application for a specific issue or prohibited-steps order.
An order can be for a specified length of time, or it can last until the child reaches 16 years of age. In limited circumstances orders can last until the child is 18 years of age.
If it is not possible to reach an agreement, you can apply to the court for an order. It is now a requirement that before you make an application for a prohibited steps or specific issue order, you must attend a family mediation information and assessment meeting (MIAM).
A MIAM is a meeting that provides information about mediation as a way of resolving disputes. A MIAM is conducted by a trained mediator who will assess whether mediation is appropriate in the circumstances. If both parties are agreeable, then you can attend a MIAM together; if, however, that is not suitable, then separate meetings will be held. The intention is to see whether your dispute could be resolved in mediation rather than by using the courts. In some circumstances one of the exemptions to attending a MIAM may apply. These include cases where an application must be made urgently, where there are child protection concerns or where there are issues of domestic violence. Your family lawyer will discuss with you whether your case is an exception to the requirement to attend a MIAM.
The court procedure is the same for applications for both specific issue and prohibited steps orders.
An application is made on a specific court form, which sets out the details of all the adults and children in the case and requires you to say what order you are asking the court to make and why. If your application is urgent, your family lawyer will be able to advise you as to what you need to do. It may mean you make the application without telling the other parent what you are doing, but in most cases your application will be sent to the child’s other parent and any other relevant adults. When the court receives the application, it will set a time and place for a first court appointment.
The person starting court proceedings is the applicant. The child’s other parent and any other person involved may be a respondent. The respondent(s) must file certain forms with the court to confirm they have seen the papers.
The family court in Stoke-on-Trent and Staffordshire are participating in a new pilot scheme in relation to proceedings concerning the arrangements for children. This scheme is called ‘Pathfinder’, and the procedure set out below assumes that your case will be part of the Pathfinder pilot. Applications made before 11.11.2025 will, however, be dealt with under a different procedure. Cases in other parts of the country may also be dealt with under the new Pathfinder procedure or may still be dealt with under the “old” procedure. This is dependent on where the case is proceeding and whether that court is part of the Pathfinder pilot.
The following procedure applies to cases under Pathfinder.
Stage 2 – Application to Court
An application form is completed and sent to Court with the MIAM certificate and Court fee (unless claiming exemption). The Court will process the application and confirm a date when a Judge will consider the issues at a First Directions Appointment (FDA).
The application is checked by the court, and a request is made to the local authority for details of any involvement they may have had with the family in the last 12 weeks.
Gatekeeping 1 – The court legal advisor will direct either the local authority (if they have been involved in the last 12 weeks) or Cafcass to file a child impact report (CIR) within 10 weeks. The Children and Family Court Advisory and Support Service (CAFCASS) assist the court by preparing CIRs. They are regarded as the court’s independent expert and the court’s eyes and ears.
The court’s case progression officer will make contact with the parties and will track the completion of the CIR.
Gatekeeping 2 – Once completed, the judge or legal advisor will consider the CIR. The court may make a final order at that stage or list the matter for a decision hearing within 2 weeks.
Decision hearing – the case will be listed for 1 to 1.5 hours, and the parties are required to attend this hearing. The aim of the hearing is to resolve the application.
Final hearing – if the case cannot be resolved at the decision hearing, the case may be listed for a final contested hearing.
In some circumstances, it is necessary for the Court to make emergency orders, e.g. to prevent a child being taken out of the country, being removed from school, or for the return of a child from one parent to the other. These emergency orders may be made without the other party being notified in advance if the court considers this necessary. An interim emergency order would be made to protect the immediate welfare of the child concerned, but there would then be a hearing where the other party could attend to put their position to the Court about whether the interim orders should continue or not.
The first concern of the court is the child’s welfare. The Children Act 1989 provides a list of considerations for the judge who has to decide the case, which helps guide them in making a decision, including:
- the wishes and feelings of the child concerned
- the child’s physical, emotional and educational needs
- the likely effect on the child if circumstances changed as a result of the court’s decision
- the child’s age, sex, background and any other characteristics that will be relevant to the court’s decision
- any harm the child has suffered or may be at risk of suffering
- the capability of the child’s parents (or other relevant people) in meeting the child’s needs, and
- the powers available to the court
The court must also be satisfied that making an order is better for the child than not making an order at all.
Note: The above is intended as a general overview for your information. It is NOT intended to replace proper legal advice. Each case is different, and advice cannot be given without a proper analysis of your own circumstances. (June 2026)
