Child arrangements, prohibited steps orders: CA 1989 s. 8
Section 8 of CA 1989 defines child arrangements orders, prohibited steps orders, specific issue orders, and what counts as family proceedings under the Act.
Official text
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CA 1989 s. 8 — United Kingdom
In this Act — "child arrangements order " means an order regulating arrangements relating to any of the following— with whom a child is to live, spend time or otherwise have contact, and when a child is to live, spend time or otherwise have contact with any person; ... “ a prohibited steps order ” means an order that no step which could be taken by a parent in meeting his parental responsibility for a child, and which is of a kind specified in the order, shall be taken by any person without the consent of the court; ... “ a specific issue order ” means an order giving directions for the purpose of determining a specific question which has arisen, or which may arise, in connection with any aspect of parental responsibility for a child. In this Act “ a section 8 order ” means any of the orders mentioned in subsection (1) and any order varying or discharging such an order. For the purposes of this Act “ family proceedings ” means any proceedings— under the inherent jurisdiction of the High Court in relation to children; and under the enactments mentioned in subsection (4), but does not include proceedings on an application for leave under section 100(3). The enactments are— Parts I, II and IV of this Act; the Matrimonial Causes Act 1973; Schedule 5 to the Civil Partnership Act 2004; the Domestic Violence and Matrimonial Proceedings Act 1976; the Adoption and Children Act 2002; the Domestic Proceedings and Magistrates’ Courts Act 1978; Schedule 6 to the Civil Partnership Act 2004; sections 1 and 9 of the Matrimonial Homes Act 1983; Part III of the Matrimonial and Family Proceedings Act 1984; the Family Law Act 1996 ; sections 11 and 12 of the Crime and Disorder Act 1998 ; Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003 (other than paragraph 3 of that Schedule). Part 3 of the Domestic Abuse Act 2021, where the proceedings are in the family court or the Family Division of the High Court.
Section 8 is the definitions section that names the orders everyone actually applies for. A child arrangements order is "an order regulating arrangements relating to" with whom a child is to live, spend time or otherwise have contact, and when. It replaced the old residence and contact orders with a single order that can do either or both, which is why the phrases "lives with" and "spends time with" are now used instead of custody and access.
A prohibited steps order is an order that no step which could be taken by a parent in meeting parental responsibility, and which is specified in the order, may be taken by any person without the consent of the court. It is a negative order: it stops something. A specific issue order gives directions to determine a specific question that has arisen or may arise in connection with any aspect of parental responsibility. It is a positive one: it decides something. School choice, medical treatment, relocation, religious upbringing and a change of surname are the classic specific issue questions; removing a child from the jurisdiction, or from a school, are classic prohibited steps.
Subsection (2) groups all of these, and orders varying or discharging them, as "section 8 orders". Subsections (3) and (4) define family proceedings - the proceedings in which a section 8 order can be made - by listing the inherent jurisdiction of the High Court and a set of enactments including Parts I, II and IV of the Act itself, the Matrimonial Causes Act 1973, the Adoption and Children Act 2002 and the Family Law Act 1996. That definition matters because section 10 lets the court make a section 8 order in any family proceedings where a question about a child's welfare arises, whether or not anyone applied for one.
When it applies
Parents who cannot agree where the children live after separation.
One parent proposing to move the children to another part of the country or abroad.
A disagreement about which secondary school a child should attend.
A dispute about medical treatment or vaccination.
A parent wanting to prevent a child being taken out of the country.
A grandparent seeking an order about time with a grandchild.
What this section does not say
×It does not use the words custody or access. Those orders no longer exist; a child arrangements order covers both living arrangements and time spent.
×It does not say who may apply. Standing is dealt with in section 10, and restrictions in section 9.
×It does not say how the court decides. That is section 1.
×A prohibited steps order cannot be used to control anything other than a step that could be taken in meeting parental responsibility.
×It does not deal with child maintenance, which is largely a matter for the Child Maintenance Service.
Worked examples
Invented situations, written to show how the wording bites. They are not real cases, not judgments and not precedent, and nothing here predicts what would happen in yours.
Illustrative example
One parent proposes moving with the children two hundred miles away for a new job. The other wants to stop it and does not know what to ask the court for.
How the wording applies
Section 8 names three orders and the distinction between them is the useful part. A child arrangements order regulates with whom a child lives, spends time or has contact. A prohibited steps order is negative - it stops a specified step being taken. A specific issue order is positive - it decides a question. The fact that decides which to seek is whether the aim is to prevent the move or to have the question of where the children live determined, because relocation can be framed either way and the two lead to different hearings.
How the parties settled it
They agree the move is deferred to the end of the school year while both look at schools and travel in the new area, with a written fallback pattern of alternate weekends and shared holidays if it goes ahead.
Illustrative example
Parents cannot agree which secondary school their child should attend. Applications close in a few weeks and each has named a different school.
How the wording applies
This is a classic specific issue question: an order giving directions to determine a specific question that has arisen in connection with an aspect of parental responsibility. The fact that makes the timing acute is the application deadline rather than the merits, and section 1(2) treats delay as itself likely to prejudice welfare. The section names the order; how the choice is made is section 1.
How the parties settled it
They agree to name both schools in ranked order on a single application, with the ranking decided by which offers the shorter journey from the home where the child spends school nights.
Illustrative example
A grandparent who saw a grandchild every week for years has been cut off since the parents separated and wants an order about time together.
How the wording applies
A child arrangements order covers with whom a child is to spend time or otherwise have contact, so the order sought is the right one. The fact that has to be dealt with first is standing, which section 8 says nothing about: section 10 decides who may apply and, for most grandparents, leave of the court is the necessary first step.
How the parties settled it
The parents agree monthly Saturday afternoons with the grandparent plus a video call each fortnight, reviewed after six months, with no court application while the arrangement holds.
The same problem elsewhere
The other legal systems in this collection answer the same everyday problem with their own provisions.
The comparison and these one-line summaries are in English.
Separated parents who cannot agree where the children live: what the law says in six jurisdictions
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
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This page reproduces the text of CA 1989 s. 8 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.