In England and Wales, a court order for a child is a legally binding document approved by a judge that sets out arrangements for a child’s care, living arrangements, contact, or protection. The court’s main focus is always the child’s welfare. There are several types of court orders for children that parents, carers, or local authorities can apply for, including:
Each child court order has a different purpose and is used in different situations.
Child arrangement order
A Child Arrangement Order sets out any arrangements put in place for the child and requires both parents to comply. In the UK, “child custody” is referred to as “child arrangement”. As such, this is one of the most common types of court orders for a child. Depending on the situation, a child arrangement order can cover:
- Who the child lives with
- How often the child sees the other parent
- Overnight stays, holidays, and special occasions
- Indirect contact, such as phone or video calls
You can apply for a court order if you hold parental responsibility for the child, which usually includes parents. In some cases, wider family members, such as grandparents or other close relatives, can also make an application.
When deciding whether to make a child arrangement order, the family court judge will take into account a range of factors. These include the child’s wishes and feelings, their physical and emotional needs, and the effect of any change in circumstances.
In many cases, the court process for a Child Arrangement Order can take close to a year, although timescales vary based on your circumstances and the court handling the case. For some families, mediation or other forms of dispute resolution can help reach an agreement more quickly without court involvement.
Prohibited steps order
A Prohibited Steps Order is a court order that prevents a parent or carer from taking a specific action in relation to a child without the court’s permission. This type of order is often used where there is concern that one parent may act in a way that could harm the child or disrupt their life.
Common reasons for a Prohibited Steps Order include preventing:
- A child being taken abroad
- A change of school
- A change of surname
- Removal of a child from the other parent’s care
An application for a Prohibited Steps Order can be made by anyone with parental responsibility for the child, including parents and legal guardians. Others, such as grandparents or step-parents who do not have parental responsibility, may also apply but must first get the court’s permission.
When deciding whether to make a Prohibited Steps Order, the judge’s paramount consideration is the child’s welfare. They will take into account the child’s wishes and feelings where appropriate, their physical, emotional and educational needs, and the likely effect of preventing the proposed action. The judge will also consider any risk of harm, the reasons for seeking the order, and whether making the order is necessary and proportionate to protect the child’s best interests.
To get a Prohibited Steps Order, you will need to show that the order is necessary to protect your child’s welfare and whether there is a real risk of harm to the child.
Specific issue order
A Specific Issue Order is used to resolve a particular disagreement about a child’s upbringing. It is a targeted court order for a child, rather than a general order about living arrangements or contact. A Specific Issue Order may deal with issues such as:
- Which school should a child attend
- Whether a child should receive medical treatment
- Religious upbringing
- Permission to relocate within the UK or abroad
An application for a Specific Issue Order can be made by anyone with parental responsibility for the child, including parents and legal guardians. In addition, step-parents, grandparents, and others named in an existing Child Arrangement Order may apply. Anyone who does not have parental responsibility must get the court’s permission before making an application.
When deciding whether to make a Specific Issue Order, the court’s overriding concern is the child’s welfare. Judges apply the welfare checklist under section 1 of the Children Act 1989, considering the child’s wishes and feelings in light of their age and understanding, their physical, emotional and educational needs, and the likely impact of any proposed change. The court will also assess any risk of harm and each parent’s ability to meet the child’s needs before deciding whether making the order is in the child’s best interests.
Parental responsibility order
A Parental Responsibility Order gives a person legal rights and duties in relation to a child. Parental responsibility includes making decisions about education, medical treatment, and general welfare. A Parental Responsibility Order may be needed where a parent does not automatically have parental responsibility. This can include:
- Unmarried fathers not named on the birth certificate
- Step-parents or second female parents, in some cases
Anyone applying for a parental responsibility order must show that granting the order is in the child’s best interests. The court will consider the applicant’s commitment to the child, their attachment to the child, and their reasons for applying.
A parental responsibility order usually lasts until the child reaches the age of 18, unless the court discharges it earlier.
Special Guardianship Order
A Special Guardianship Order places a child in the long-term care of someone other than their parents. This could be a relative, such as a grandparent, or another suitable carer. It gives the special guardian parental responsibility. This allows them to make most decisions about the child’s upbringing without seeking consent from the parents.
Key points about special guardianship orders include:
- They are intended to provide long-term stability
- Parents retain limited parental responsibility
- The order usually lasts until the child is 18
When deciding whether to grant a special guardianship order, the court considers the child’s welfare, the existing relationship with the proposed guardian, and the suitability of the placement.
Child protection orders
The family court can also make court orders for children that allow local authorities to intervene where a child is at risk of harm. These orders are not about resolving disputes between parents; they are about protecting children.
Examples of child protection orders include:
- Care order – this places a child in the care of the local authority. The authority shares parental responsibility with the parents and decides where the child lives.
- Supervision order – this allows the child to remain at home while the local authority supervises the child’s welfare and provides support.
- Emergency protection order – this is a short-term order used in urgent situations. It allows a local authority to remove a child or prevent removal to protect them from immediate harm.
These orders are only made where the court is satisfied that intervention is necessary to protect the child’s safety and well-being.
