Prohibited Steps Order

A prohibited steps order is an order of the family court which prohibits or forbids a person from taking certain action in respect of a child. Common examples of such an order are in these circumstances to prevent:

• Removing a child out of England & Wales (child abduction)
• Removing a child from school
• Changing a child’s surname
• Changing the child’s religion
• Certain type of medical treatment

This is an important power of the family court and which can affect a parent’s parental responsibility.

A parental responsibility order tells a parent or third person what they cannot do in respect of a child. This is different from a specific issue order which is what a parent can do in respect of child.

A person, usually a parent, can apply under section 8 of the Children Act 1989 for a prohibited steps order. Depending on the circumstances of your case a prohibited steps order can be made at any time.

When the family court considers such an application, it will only make this type of order if it is in the child’s best interest. The child’s welfare is always the court’s paramount consideration.

It is important that you seek specialist legal advice from a family law solicitor who can advise you on merits of such an application and whether or not it needs to be done on an emergency basis, as set out below.

To apply for this type of children order, the parent will need to file a C100 application form at the family court, which can be done online now. Depending on the circumstances of your case and the degree of urgency, you may need to attend family law mediation.

The family court will then issue the application for the prohibited steps order and ask that the parents attend court for a first hearing to consider the issues and reasons why such an order is necessary, for example, to protect the child.

A prohibited steps order can also be applied for on an urgent basis. However, you would need to show to the court that the application is urgent and to give reasons why.

For example, there might be a risk of your child being removed from England & Wales and if the other parent is informed of the hearing, they will simply leave before the court can make an order. In those circumstances, it may well be appropriate to seek the permission of the family court to have an urgent hearing and for the other parent not to be informed of this. If granted, this is called a “without notice” prohibited steps order.

Most applications proceed at the family court on the basis that both parents have notice of the hearing and so the judge can consider what everyone has to say.

A family law solicitor can help advise you on whether your application for a prohibited steps order should be made with or without notice to the other parent, or indeed on short notice.

Even if an emergency prohibited steps order is made the family judge list the case for a return hearing. This means that the other parent still needs to be served with the C100 application form, any statements or evidence together with the order made. The judge at this second hearing will then consider with the prohibited steps order should remain in force or any changes to it are necessary in the interests of the child.

This really depends on the facts and background to your case, to include any risk to child. The family court therefore has power to make this type of protective order for a period of months or years. The judge will consider what is in the best interests of the child.

How long an Order remains in place depends on the circumstances of the application. When determining the duration of the Order, the Court will impose a duration that they feel serves the best interests of the child in question. This can range from six months to multiple years.

Regardless of when and how long an Order is put in place, it will end by the time the child reaches their 18th birthday.

This is a different type of protection whether for yourself or your child. There are usually two types of injunction order:

• Non molestation order
• Occupation order

The family court has power to make a prohibited steps order and an injunction order at the same time, depending on the facts and circumstances of your case. The risk of harm will be very relevant factor.

A family law solicitor can help advise you on which type of court application you should make.

We are specialist divorce and family law solicitors. We advise in many cases and have dedicated solicitors who specialise in domestic and international child cases.

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