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What Is a Specific Issue Order and a Prohibited Steps Order?

Writer: Court Help Limited
Court Help Limited
Aug 24, 2024
10 min read

Updated: 5 hours ago

Last updated: 4 November 2026 · Written by the family law paralegal team at Court Help Limited


Separated parents at a table looking at a school prospectus, a common reason to ask for a specific issue order

In short: A specific issue order is a family court order that settles one disagreement about a child, such as which school they go to or whether they have a medical treatment. A prohibited steps order stops someone taking a named step without the court's consent. Both come under section 8 of the Children Act 1989, and you apply on form C100 (£270, checked on GOV.UK on 4 November 2026).


Specific issue orders and prohibited steps orders: key facts


Question

The short answer

What a specific issue order does

Gives directions to settle a specific question about any aspect of parental responsibility for a child (Children Act 1989, s8(1))

What a prohibited steps order does

Stops anyone taking a step of a kind named in the order without the court's consent (s8(1))

Form and fee

Form C100, £270, online or by post. Help with fees if you're on benefits or a low income (GOV.UK, checked 4 November 2026)

Who can apply without permission

Parents, guardians, special guardians, step-parents with parental responsibility under s4A, and anyone named in a child arrangements order as someone the child lives with (s10(4))

Everyone else

Needs the court's permission first, asked for in the C100 (s10(1) and (9))

Before you apply

A MIAM (mediation information and assessment meeting), unless an exemption applies

How long it lasts

Usually not past the child's 16th birthday unless the case is exceptional (s9(6) and (7))

Typical time to an order

Around 10 months, depending on the court and the case (GOV.UK)

Where it applies

England and Wales. Scotland has its own law


What is a specific issue order and what is a prohibited steps order?


When parents separate, any parental responsibility they have for their child stays with them. Where more than one person has it, each of them can act alone (Children Act 1989, section 2(7)), but neither can act in a way that goes against a court order (section 2(8)). Most of the time that works. The trouble starts when the two of you can't agree on something big, like a change of school, a move or a medical decision.


Wooden family figures, illustrating how a specific issue order settles one disputed decision about a child
Specific Issue Order in Family Law

If talking and mediation haven't worked, either parent can ask the family court to step in. A specific issue order answers a question. A prohibited steps order stops something happening. Both are section 8 orders, made under the same Act as child arrangements orders, and the court decides each one with the child's welfare as its paramount consideration (section 1(1)). We've got a separate, detailed guide to prohibited steps orders and how to apply for one, so this page concentrates on specific issue orders and how the two compare.


What is a specific issue order?


A specific issue order gives directions to settle a specific question that has arisen, or may arise, about any aspect of parental responsibility for a child (section 8(1)). In plain terms, you ask the judge to make one decision that the two of you can't make together. The court can answer the question itself, for example by deciding which school the child goes to, or it can allow one parent to go ahead with a particular step.


Common examples include:


  • which school a child should attend, or whether they should move school

  • whether a child should have a particular medical treatment, operation or vaccination

  • a child's religious upbringing

  • changing a child's surname, which we cover in our guide on how to change your child's name

  • taking a child abroad, for a holiday or to live, where the other parent won't agree


Our old version of this page said a specific issue order could decide how much time a child spends with each parent. That was wrong. The court can't use a specific issue order to do something a child arrangements order could do (section 9(5)(a)). Questions about who a child lives with or sees are dealt with by a child arrangements order instead.


What is a prohibited steps order?


Arrows painted on a pavement pointing different ways, like parents disagreeing about a decision for their child
Specific issue or prohibited steps order?

A prohibited steps order says that no step of a kind named in the order, which a parent could otherwise take in meeting their parental responsibility, can be taken by anyone without the court's consent (section 8(1)). It works a bit like an injunction. GOV.UK describes it as stopping your ex-partner from making permanent decisions about your child's upbringing, such as taking the child out of the country.


A prohibited steps order might stop a parent from:


  • changing the child's name

  • taking the child out of the UK

  • moving the child to a different part of the country

  • going ahead with medical treatment the other parent objects to


Sometimes people ask for a prohibited steps order to stop a child being introduced to a particular person, such as a new partner. Where the real issue is who the child spends time with, the court will often deal with it through a child arrangements order instead (section 9(5)). Our longer guide, what is a prohibited steps order and how to apply, has more examples.


What is the difference between a specific issue order and a prohibited steps order?


The simplest way to remember it: a specific issue order says what should happen, and a prohibited steps order says what mustn't happen without the court's say-so. If one parent wants the child to go to a new school and the other doesn't, the first parent would ask for a specific issue order. If one parent is worried the other will take the child abroad without agreement, they'd ask for a prohibited steps order.


Sometimes you need both, and you can ask for both on the same C100. Neither order can be made to achieve something a child arrangements order could achieve, and the court can't make either order for a child who is in the care of a local authority (section 9(1) and (5)). If foreign travel is the worry, our guide on taking a child abroad without consent explains the law, including a change to the child abduction law in force from 6 November 2026.


How long do specific issue orders and prohibited steps orders last?


The court can't make a section 8 order that will last after the child turns 16 unless it's satisfied the circumstances are exceptional (section 9(6)). It also can't make a new order for a child who is already 16 or over, except in exceptional circumstances (section 9(7)). In practice, many specific issue orders deal with a one-off question, such as a school place, so they've done their job once the decision is made. A prohibited steps order often runs for a set period or until a stated age. Either order can be varied or discharged by applying to the court on form C100.


Who can apply for a specific issue order?


These people can apply for any section 8 order, including a specific issue order or a prohibited steps order, without asking the court's permission first (section 10(4)):


  • any parent, guardian or special guardian of the child

  • a step-parent who has parental responsibility under section 4A

  • anyone named in a child arrangements order as a person the child lives with


Anyone else, such as a grandparent, aunt or uncle, needs the court's permission. GOV.UK says you can ask for permission by completing the relevant section of the C100 form. When deciding, the court looks in particular at what you're applying for, your connection with the child, and any risk that the application would disrupt the child's life so much that they'd be harmed (section 10(9)). A child can ask for permission too, if the court is satisfied they understand enough (section 10(8)). Our old guide said only people with parental responsibility could apply. That's not quite right: permission is the route for everyone else.


What is the procedure to apply for a specific issue order or a prohibited steps order?


Before you apply, you'll usually need to go to a MIAM, a short meeting with a family mediator who explains mediation and whether it could work for you. GOV.UK lists exemptions, for example if you have evidence that you're a victim of domestic abuse, if you're applying for a consent order, or if the application is urgent. Our guide to family mediation and the MIAM explains what happens at the meeting.


Should I try mediation?


Usually, yes, if it's safe. Mediation lets you make the decision together instead of handing it to a judge, and it can be quicker and less stressful than going to court. GOV.UK says you may be able to get a voucher worth up to £500 towards the cost. If you reach an agreement, it isn't automatically a court order. You can ask the court to approve it as a consent order if you want it to be legally binding.


Why is mediation required?


The MIAM rule is there so that parents at least consider resolving things outside court before starting proceedings. You don't have to agree to mediate after the MIAM, but you'll usually need to show on the C100 that you went to a MIAM or that an exemption applies.


Is mediation required if there is domestic abuse?


No. If you have evidence that you're a victim of domestic abuse, you're exempt from the MIAM (GOV.UK). The same applies if your application is urgent. You'll explain the exemption on the C100. Mediation isn't suitable for everyone, and you shouldn't feel pressured into sitting down with someone you're frightened of.


How to apply for a specific issue order


The process for a specific issue order and a prohibited steps order is the same. Here it is at a glance, from GOV.UK (checked 4 November 2026):


Step

What you do

1. MIAM

Attend a MIAM, or check whether an exemption applies

2. Form C100

Apply online, or by post. Online, you have 28 days from starting to finish. By post, send the original C100 and 3 copies

3. Permission

If you're not entitled to apply, fill in the permission section of the C100

4. Fee

Pay £270, or apply for help with fees if you're on benefits or a low income

5. Urgent cases

Explain on the form why it's urgent. Urgent applications are exempt from the MIAM

6. After you apply

Cafcass carries out safeguarding checks and the court sets a first hearing


Our step-by-step guide to filling in the C100 form walks through each section. If timing matters, for example before the school year or a holiday, our guide on applying to court before Christmas explains why it's worth acting early.


What happens at the family court?


Before the first hearing, Cafcass carries out safeguarding checks with the police and the local authority and usually phones each parent. Children aren't spoken to at this stage. Cafcass then sends the court a short safeguarding letter at least three days before the first hearing (Cafcass).


At the first hearing, often called the FHDRA (first hearing dispute resolution appointment), a Cafcass family court adviser is available and discusses the safeguarding letter with the court. If there are no safeguarding concerns, they'll try to help you reach an agreement. If you can't agree, the court may order a parenting course, refer you to mediation, list a fact-finding hearing, or ask Cafcass for a section 7 report on the child's welfare (Cafcass). If the case still isn't resolved, there's a final hearing where the judge hears the evidence and decides.


Our old guide said a decision could be challenged by judicial review. In fact, the usual route is an appeal. You'll normally need permission to appeal, and the appeal must be filed within 21 days of the decision unless the court sets a different time (Family Procedure Rules, rules 30.3 and 30.4).


What are the guidelines followed by the court?


The child's welfare is the court's paramount consideration (section 1(1)), and the court must bear in mind that delay is likely to harm the child's welfare (section 1(2)). Where the application is opposed, the court must look at the welfare checklist in section 1(3):


  • the child's wishes and feelings, in the light of their age and understanding

  • their physical, emotional and educational needs

  • the likely effect of any change in their circumstances

  • their age, sex, background and any relevant characteristics

  • any harm they've suffered or are at risk of suffering

  • how capable each parent, and anyone else relevant, is of meeting their needs

  • the range of powers available to the court


The court also presumes, unless the contrary is shown, that each parent's involvement in the child's life will further the child's welfare (section 1(2A)), and it won't make an order at all unless that would be better for the child than no order (section 1(5)). Our guide to the welfare checklist explains each factor with examples.


Frequently asked questions


How much does a specific issue order cost?

The court fee for the C100 is £270 (GOV.UK, checked 4 November 2026). You may be able to get help with fees if you're on benefits or a low income. Mediation and legal advice are extra.


Can I get a specific issue order about my child's school?

Yes. Choosing or changing a child's school is one of the most common reasons parents apply. The court decides based on the child's welfare, not on which parent is "right".


Can a grandparent apply for a specific issue order?

Yes, but a grandparent usually needs the court's permission first, which they ask for in the C100. The court looks at their connection with the child and what they're asking for (section 10(9)).


Can I get a specific issue order urgently?

If the matter is urgent, explain why on the C100. Urgent applications are exempt from the MIAM (GOV.UK). How quickly the court can deal with it depends on the facts and the court's list.


Do specific issue orders apply in Scotland?

No. This guide covers England and Wales. Scotland has its own family law and court system, so get advice from a Scottish source if your child lives there.


How we can help


Court Help Limited is a family law paralegal firm in England and Wales. We're not solicitors and we don't represent clients in court, but we can help you work out which order fits your situation, prepare your C100 and statements, and get ready for hearings. Read more about our complex child law support, email us at help@incourt.co.uk or use our contact form. You can read what our clients say in our Google reviews.


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Sources



This article is general information about the law in England and Wales. It is not legal advice and should not be relied on as legal advice. Every case turns on its own facts, and court fees and procedures change, so check GOV.UK for the latest position. Court Help Limited is a family law paralegal firm, not a firm of solicitors, and does not represent clients in court.

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