Court Orders 

Section 8(1) of the Children Act 1989 allows the following four types of order to be made:

a) Contact Order

These are orders that require the person with whom a child lives to allow that child to visit, stay or have contact with a person named in the order. 

For example, if your child lives with your former partner and you wish to see your child at weekends then you might apply for a contact order, if you cannot agree this between yourselves.

Contact may be direct or indirect. 

• Direct contact means that the person making the application will have face-to-face contact with the child concerned
• Indirect contact means that the person making the application for contact will only be able to communicate with the child concerned by letters, greeting cards and/or telephone calls

A good contact order will clearly state the times, duration and frequency that the child should be made available by the resident parent for contact with the applicant.  The same order should also clearly state the handover arrangements for the child.

When negotiating, it is important to bear in mind the following occasions and attempt to incorporate them in to the contact order:

• Father's Day or Mother's day
• Christmas/New Year holidays
• Easter
• Summer holidays
• School half-terms
• Child's birthday
• Your birthday
• Other special days that are important to you

If you are able to reach an agreement prior to a court hearing or outside the courtroom, it is advisable to present the agreement to the judge and ask that it be formalised in to a contact order.  Verbal agreements made outside courtrooms are easily broken and should be avoided.  In this respect, contact corders help avoid complications or problems as each party knows exactly what is expected of them. 

b) Prohibited Steps Order

These orders mean a person must have the court's permission before undertaking actions specified in the order, that would normally be undertaken by a parent.

For example, you would apply for a Prohibited Steps Order to stop the other parent from permenantly removing the child from England and Wales. 

A prohibited steps order specifies the prohibited areas in the order.  It can be made on its own or alongside a residence or contact order. It can only relate to Parental Responsibility matters, and could be used to:

• prevent a change of surname
• to prevent a parent from enrolling a child at school
• preventing a child receiving medical treatment

The Court will only make a Prohibited Steps Order where it can be shown to be in the best interests of the child to do so.

c) Residence Order

These orders decide where and with whom the child is to live.

For example, if you and your partner have separated and you want your child to live with you, but cannot agree this, then you might apply for a residence order.

A residence order lasts until the child is 16 unless the circumstances of the child or parents change and the Court believes that it is necessary for residency to change.  A residence order can be granted to more than one person and can be made jointly to an unmarried couple.

A residence order prevents anyone changing the surname of or removing from the UK (for more than 1 month) any child who is the subject of the order without the agreement of everyone with parental responsibility or an order of the court.

d) Specific Issue Order

These orders give instructions about a specific issue that has arisen about an action normally undertaken by a parent.

For example, if you and your former partner cannot agree on whether your child should have a major operation, then you might apply for a specific issue order.

As a parent, you may apply for a Specific Issue Order if you disagree with a decision that your ex-partner has made involving your child, for example:

• Whether your children should attend a State School or Private School
• Whether your children should receive religious education
• Whether your children should have a specific medical treatment