Specific Issue and Prohibited Steps Orders are both are orders under Section 8 of the Children Act 1989.
A Specific Issue Order makes a decision where the parents are not able to reach an agreement, for example which school a child will attend.
A Prohibited Steps Order prevents a parent from taking a certain ‘step’, limiting their ability to exercise their Parental Responsibility, such as preventing a parent from removing their child from the country.
When a court is considering an application for a Prohibited Steps Order or a Specific Issue Order the child’s welfare is right at the top. The welfare checklist in the Children Act includes consideration of the child’s wishes and feelings, the child’s needs and other relevant factors.
The court will avoid any delay in making a decision because delay is not considered to be in a child’s best interests. The court will only make an order if it is better for the child to do so than to make no order at all. The court will also consider specific guidance from case law.
Solicitors in all of Duncan Lewis’s branches are able to provide advice and representation for Prohibited Steps Orders and Specific Issue Orders. Legal aid is available in some cases and we also offer competitive fixed fees for privately paying clients.
To speak to one of our experienced lawyers please call on 0207 923 4020 or visit us at: www.duncanlewis.com. We look forward to hearing from you .