Prohibited Steps Orders |
A prohibited steps order is used to stop the parent of your child from making certain actions, or Prohibiting the Steps up to that action. This is an enforceable order that will be granted by the British courts. It is most commonly used to stop the following actions:
· To prevent the child from having contact with someone who is going to have a bad influence on them. This is normally used if a parent does not trust the friends of the other parent and expects their child to be around them.
· To prevent the other parent from moving out of the country and taking their child with them. Or moving any great distance that would make contact with both parents very difficult.
· To prevent the parent changing the child's surname to a name that they do not agree with.
Specific Issue Orders
A Specific Issue Order is not dissimilar from prohibited steps orders. However it creates rules that must be followed by parents instead of rules that must not be broken. You should bear in mind that this order is less common as it is only used when there is disagreement. This order should not be used when the parents agree on the matter. The most common matters that are involved in a Specific Issue Order are:
· Which school should the child attend?
· When, where and if the child should be taken on holiday.
· Whether the child might be allowed to move permanently out of the country.
· If the child should receive a specific medical treatment or not.
· If the child's name should be allowed to change.
Considerations of the Court Order
The courts will always consider the child's welfare above all else when they are considering granting an order or not. If the child's welfare will not be improved by the order, even if it is what the parents wish, then an order will not be granted. This is to coincide with the "no order" section of the child act. This states that a child will benefit from not having contact with the hassles of courts and court orders.
The vast majority of the time, if an order is going to prevent the child from having contact with both parents, or members of their family that they are close with (such as grandparents) then the order will be rejected by the courts. A child's welfare will always be higher when they have contact with more parenting figures.
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