Cardiff Solicitors for Prohibited Steps Orders & Specific Issue Orders

When you are separated from your child’s other parent, making joint decisions about their upbringing can be challenging. Most of the time, parents can communicate and find a middle ground. However, when a serious disagreement arises and you simply cannot agree on a fundamental issue concerning your child, it can feel like you have reached an impasse. If you are facing such a dispute, our expert team can advise on applying for a prohibited steps order Cardiff courts can grant to resolve the matter. These orders, along with Specific Issue Orders, are powerful legal tools designed to settle specific parental disputes and ensure your child’s welfare remains the top priority.

At MD Law, we understand the stress and anxiety that these disagreements cause. Whether the conflict is about which school your child should attend, a proposed holiday abroad, a medical procedure, or even a potential relocation, the uncertainty can be overwhelming. As specialist family law solicitors in Cardiff, we are here to provide clear, practical guidance. We can help you understand the legal framework, navigate the court process, and present your case in the most effective way possible, focusing always on the best interests of your child. A prohibited steps order Cardiff families often need can provide the clarity and resolution required to move forward.

What are Prohibited Steps Orders and Specific Issue Orders in Welsh Family Law?

When parents with Parental Responsibility find themselves in a deadlock over a specific aspect of their child’s life, they can turn to the family courts for a resolution. The court has the power to make two types of orders under Section 8 of the Children Act 1989 to address these situations: a Prohibited Steps Order (PSO) and a Specific Issue Order (SIO). These are distinct from a Child Arrangements Order, which determines who a child lives with and spends time with. Instead, PSOs and SIOs focus on single, defined issues.

A Prohibited Steps Order (PSO) is a court order that prevents a parent from taking a particular action related to their child without the express permission of the court. Essentially, it puts a stop to a proposed step. The purpose of a PSO is to prevent one parent from making a unilateral decision that the other parent strongly objects to. This is a crucial tool for maintaining the status quo whilst a dispute is properly considered by the court. Seeking advice from a child dispute solicitor is the first step in understanding if a PSO is right for your situation.

A Specific Issue Order (SIO), on the other hand, is an order that gives a parent permission to take a certain action or that determines a specific question about the child’s upbringing. Where parents cannot agree on a course of action and an important decision needs to be made, an SIO provides a definitive answer. It effectively breaks the deadlock and allows a decision to be implemented in the child’s best interests. These family court orders are designed to provide clarity and a way forward when co-parenting communication breaks down.

Both orders can only be applied for by someone with Parental Responsibility for the child. This is a key concept in family law, referring to all the rights, duties, powers, responsibilities, and authority which by law a parent of a child has in relation to the child and his property. Mothers automatically have Parental Responsibility, as do fathers who were married to the mother at the time of the child’s birth or are named on the birth certificate (for births registered after 1st December 2003 in England and Wales).

Common Reasons to Apply for a PSO or SIO

Parental disputes can arise over almost any aspect of a child’s life. Whilst the court encourages parents to resolve matters between themselves, certain significant issues frequently require legal intervention. Here are some of the most common reasons why a parent might apply for a prohibited steps order or a Specific Issue Order.

Schooling and Education

Choosing a school is one of the most important decisions a parent makes. Disagreements can arise over various aspects, such as:

• Type of School: One parent may want to enrol the child in a fee-paying private school, whilst the other believes a local state school is more appropriate.
• Specific School: Even when agreeing on state education, parents might disagree on which specific primary or secondary school the child should attend, perhaps due to differing opinions on Ofsted (or Estyn in Wales) ratings, school ethos, or proximity to their respective homes.
• Religious Education: A dispute may occur over whether a child should attend a faith school or a secular one.

In these cases, a parent wanting to secure a place at a particular school against the other’s wishes would apply for a Specific Issue Order. Conversely, a parent wishing to prevent the other from enrolling the child at a school they disapprove of would apply for a prohibited steps order.

Relocation – Within the UK and Abroad

A proposal by one parent to move away with the child is a very common and often contentious issue.

• Internal Relocation: If one parent wishes to move to a different city or part of the UK with the child, it can significantly impact the other parent’s contact time. The parent wishing to prevent the move could apply for a Prohibited Steps Order. The parent wishing to proceed with the move would apply for a Specific Issue Order.
• International Relocation: Moving to another country is a life-changing decision with huge implications for the child and the parent left behind. A parent wishing to stop a parent taking a child on holiday or moving abroad permanently would urgently need to apply for a prohibited steps order. The court treats these applications with extreme seriousness.

Medical Treatment

Disagreements over medical care can be highly emotive. An SIO or PSO can be used to resolve disputes about:

• Vaccinations: Parents may have conflicting views on routine immunisations.
• Non-Essential Surgery: Procedures such as circumcision or cosmetic dental work can be points of contention.
• Specific Treatment Plans: For children with ongoing health conditions, parents might disagree on the best course of treatment recommended by doctors.

A parent wishing for a specific treatment to go ahead would seek a Specific Issue Order, while a parent opposing it would seek a Prohibited Steps Order. The court will always prioritise medical evidence and the child’s health.

Holidays and Travel Abroad

Holidays should be a happy time, but they can be a source of conflict for separated parents. Issues often arise concerning:

• Taking a child abroad: If one parent has concerns about the destination, the duration of the trip, or the safety of the child, they may object to the holiday. A parent wanting to stop a parent taking a child on holiday would need a Prohibited Steps Order.
• Withholding the child’s passport: One parent might refuse to hand over the child’s passport, preventing a planned trip. The parent wishing to travel could apply for a Specific Issue Order for the release of the passport and permission to travel.

Changing a Child’s Surname

A parent, often the mother, after separation or divorce, may wish to change a child’s surname. This is a significant step that alters a child’s identity. If you share Parental Responsibility, you cannot lawfully change a child’s surname without the other parent’s consent or a court order. A parent who objects to a proposed name change would apply for a Prohibited Steps Order to prevent it.

Religious Upbringing

Parents from different religious backgrounds may disagree on the faith in which their child should be raised. This can include disputes over religious education, attendance at places of worship, or undergoing religious ceremonies such as baptism or confirmation. A parent could apply for a Specific Issue Order to have the child brought up in a particular faith, or a Prohibited Steps Order to prevent the other parent from taking steps (like arranging a baptism) without agreement.

How to Apply to the Family Court for a Prohibited Steps Order

Navigating the family court system can be daunting. As your child dispute solicitor in Cardiff, we would guide you through every stage. The process for applying for a prohibited steps order or a Specific Issue Order is formal and structured, designed to ensure fairness and a focus on the child. Crucially before thinking of making a Prohibited Steps order, it is important to consider whether your matter is urgent. If there is an immediate risk to the child, an emergency application can be made without notice to the other party. In non-urgent cases, the following standard applies. Here is a general outline of the key steps involved.

The Court’s Approach: The Child’s Welfare as the Paramount Consideration

When a judge in the Cardiff Family Court is asked to make a decision about a prohibited steps order or a Specific Issue Order, they have one single, guiding principle that overrides everything else: the child’s welfare is paramount. This ‘welfare principle’ is enshrined in Section 1(1) of the Children Act 1989.

This means the court’s decision will not be based on what the parents want or what seems ‘fair’ to them. It will be based entirely on what is best for the child. It is easy for parents, caught in the midst of a stressful dispute, to become entrenched in their own positions and lose sight of this judicial focus. Part of our role as your child dispute solicitor is to help you manage your expectations and frame your case in a way that aligns with the court’s primary concern.

To ensure consistency and thoroughness, the law provides a checklist that judges must consider when making any contested decision about a child’s upbringing. This is known as the ‘Welfare Checklist’.

The Welfare Checklist

The court will consider all the circumstances of the case, but in particular, it will have regard to the following seven factors:

• The ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding): The court will want to know what the child wants, but the weight given to these wishes will depend on how old and mature they are. The views of a 15-year-old will carry more weight than those of a 5-year-old. These views are often gathered by a CAFCASS Cymru officer.
• The child’s physical, emotional and educational needs: The court will look at the child’s basic needs for housing, food, and clothing, but also their need for emotional support, love, stability, and a good education. When considering school choices, for example, the court will analyse which school is best placed to meet the child’s specific educational needs.
• The likely effect on the child of any change in his circumstances: The court is generally reluctant to make orders that will cause significant disruption to a child’s life unless there is a very good reason to do so. The court values stability and routine.
• The child’s age, sex, background and any characteristics which the court considers relevant: These factors help the court understand the child as an individual. This could include their cultural or religious background, or any specific health needs or disabilities.
• Any harm which the child has suffered or is at risk of suffering: The court has a duty to protect children from harm, whether that is physical, emotional, or psychological. If there are allegations of domestic abuse, for example, this will be a central consideration.
• How capable each of the parents is of meeting the child’s needs: The court will assess the ability of each parent to provide a safe and nurturing environment for the child. This is not about judging a parent’s lifestyle but looking at their capacity to parent effectively.
• The range of powers available to the court under the Children Act 1989: The court will consider all the types of orders it can make, including making no order at all. This leads to another important principle.

The ‘No Order’ Principle

The court operates under the ‘no order’ principle. This means the judge will not make an order unless they are convinced that doing so would be better for the child than making no order at all. The court presumes that parents should be able to make decisions for their children without state interference. An order will only be made if it is necessary to resolve a dispute and it is beneficial for the child.

Need to Resolve a Specific Child Dispute? MD Law Cardiff Can Help

Facing a specific, seemingly unresolvable disagreement about your child’s future can be one of the most difficult experiences for a parent. Whether you are trying to prevent a unilateral decision with a prohibited steps order or seeking judicial approval for a necessary step with a Specific Issue Order, the path can be complex and emotionally draining. This is where seeking expert legal advice is not just helpful, but essential.

At MD Law, our dedicated family law team has extensive experience in handling all types of family court orders. We provide compassionate, robust, and strategic advice tailored to your unique situation. We are based in Cardiff and have an in-depth understanding of the local family court system and procedures.

By instructing MD Law, you gain a powerful ally who can:

• Provide a clear and honest assessment of your case’s strengths and weaknesses.
• Help you comply with all pre-action requirements, like the MIAM.
• Draft a compelling and comprehensive C100 application on your behalf.
• Gather and organise the evidence needed to support your case.
• Represent you in negotiations with the other parent’s solicitors, always seeking a constructive resolution.
• Advocate for you powerfully and persuasively in court hearings.
• Above all, help you focus your arguments on the welfare of your child, which is the key to a successful outcome.

We know that you want what is best for your child. Our goal is to help you achieve that. We can help de-escalate conflict where possible and provide firm representation where necessary.

The Next Step

Facing a specific disagreement about your child’s upbringing in Cardiff, like schooling or holidays? Contact MD Law on 029 2062 5835 to discuss Prohibited Steps or Specific Issue Orders. Our expert team is ready to listen and provide the specialist legal advice you need to protect your child’s best interests.