Legal News | 29.06.26

How the Family Court can resolve parental disputes

The focus of any legal dispute regarding children often tends to be on how much time they will be spending with each of their parents following a separation. It is common knowledge that when parents are unable to resolve such issues by consent, the Family Court can be called upon to make a determination.

The powers of the Family Court are however much wider than this. The focus of this article are the orders available to resolve parental disputes over a specific decision in a child’s life (a Specific Issue Order) or to prevent one parent taking a particular course of action in respect of the child.

What is a Specific Issue Order?

A Specific Issue Order is used when parents disagree about a particular decision in a child’s life.

It does not deal with general parenting or day-to-day care. Instead, it resolves a clearly defined question.

Common examples include:

• Which school a child should attend;
• Whether a child should have a medical procedure or treatment;
• Whether a child can be taken abroad for a holiday or relocation;
• Decisions about religious upbringing or name changes.

How it helps:

If parents cannot agree, the court makes the decision for them. The judge focuses on the child’s welfare and chooses the option that best supports the child’s needs.

What is a Prohibited Steps Order?

A Prohibited Steps Order is used to stop a parent (or anyone with parental responsibility) from doing something without the court’s permission.

Common examples include:

• Preventing a parent from taking a child abroad
• Stopping a change of school or address
• Preventing a child from being removed from the care of another parent
• Blocking major decisions made unilaterally by one parent

 How it helps:

This order is usually used urgently when there is a concern that one parent might act quickly in a way that could harm the child’s stability or relationship with the other parent.

Key Difference Between the Two Orders

Specific Issue Order = asks the court to decide a question

(“Which school should the child go to?”)

Prohibited Steps Order = asks the court to prevent an action

(“Don’t move the child to a new school without agreement or court approval.”)

What does the court consider?

The court’s main focus is always the welfare of the child. This includes:

• The child’s emotional and physical needs;
• The impact of any change on their stability;
• The child’s own wishes and feelings (depending on age and understanding);
• The ability of each parent to meet the child’s needs;
• Any risk of harm or disruption.

How we can help

The Family Team at Wansbroughs have significant experience advising parents on Specific Issue Orders and Prohibited Steps Orders. If an application to the Court is ultimately required, we will ensure you are appropriately represented at every stage of that process and that you are in the best possible position to achieve your desired outcome.

Whichever stage you are at, our Family team know that early advice is crucial, which is why we offer a free 30-minute consultation. If you would like further advice or information, please get in touch: 01380 733300 | family@wansbroughs.com