A prohibited steps order is a legally binding court order that restricts a person, usually a parent, from exercising certain aspects of their parental responsibility. Its purpose is to prevent actions that may place a child’s welfare at risk.
In practical terms, a prohibited steps order stops a parent or third party from carrying out specific actions relating to a child without the court’s permission. Common examples include:
- removing a child from school
- changing a child’s surname
- taking a child abroad
- relocating a child without consent
The order is designed to protect the child by maintaining stability and preventing unilateral decisions that could cause harm.
What can a prohibited steps order stop?
A prohibited steps order can restrict specific actions relating to a child’s upbringing. The court will consider the circumstances of the case and the nature of the concern before deciding whether an order is appropriate.
For example, a prohibited steps order may be sought to prevent a parent from:
- Taking a child out of England and Wales without the necessary consent or court permission.
- Relocating a child to another part of the country without agreement.
- Changing a child’s surname without the necessary consent or permission.
- Removing a child from their current school or enrolling them in another school without agreement.
- Taking another specified step that falls within parental responsibility and could affect the child’s welfare.
These are examples rather than an exhaustive list. The court must consider the particular circumstances and decide whether the proposed restriction is justified.
A prohibited steps order does not automatically remove parental responsibility from a parent, nor does it resolve every disagreement between parents. It addresses the specific action set out in the order. The wording is therefore important, as everyone affected needs to understand what is prohibited and what permission may be required.
Who can apply for a prohibited steps order?
A prohibited steps order is a type of section 8 order under the Children Act 1989. Parents, guardians and others with the relevant legal standing may apply to the family court where they are concerned about a particular action involving a child.
Some other people may need the court’s permission before making an application. The court will consider their connection to the child and whether the application could affect the child’s life or welfare.
There are also legal restrictions on when the court can make a section 8 order. For example, the court generally cannot make a prohibited steps order in respect of a child who is in the care of a local authority. Restrictions also apply to children aged 16 or over, although the court may make an order in exceptional circumstances. These are restrictions on the court’s powers, rather than a simple rule that everyone in these circumstances is automatically unable to seek legal advice.
The court’s central concern is the child’s welfare. Before deciding whether an order is appropriate, it will consider the reasons for the application, the proposed action, and the likely effect on the child.
How to apply for a prohibited steps order
Applications are generally made to the family court using Form C100. The application should explain what you are asking the court to prevent, why you believe the restriction is necessary, and how the proposed action could affect your child.
It’s important to provide clear, relevant information. Depending on the circumstances, this may include details of discussions with the other parent, messages about a proposed move or removal from the country, information about the child’s current arrangements and evidence supporting your concerns. The required evidence will depend on the case.
Before applying, parents are usually expected to attend a Mediation Information and Assessment Meeting (MIAM). This is an opportunity to consider whether mediation or another form of dispute resolution could help resolve the disagreement without court proceedings. Attending a MIAM does not mean that you must agree to mediation.
Exemptions may apply in certain circumstances, including where there is evidence of domestic abuse or where the matter is urgent. The relevant exemption must be established in accordance with the applicable rules and requirements.
Once the application has been submitted, the court will consider the issues raised and decide how the case should proceed. This may involve arranging a hearing, asking the parties to provide further information or directing that relevant evidence be filed. Depending on the circumstances, Cafcass, the Children and Family Court Advisory and Support Service, may also become involved.
The court will assess the evidence and consider the child’s welfare before deciding whether to make the order. An application does not guarantee that an order will be granted.
Can I apply for a prohibited steps order urgently?
In some circumstances, it is possible to ask the court to consider an application urgently. This may be relevant if there is a credible and immediate risk that a child will be removed from the country, taken to an unsafe situation or subjected to another action that could cause serious harm.
In an urgent case, the court may be asked to consider an application without giving the other party notice in advance. This is sometimes described as a without-notice application. It is an exceptional procedure, and the court will decide whether the circumstances justify proceeding in this way.
If you are seeking an urgent order, you will need to explain clearly what you believe is about to happen, when it may happen and what evidence supports your concerns. Seek specialist family law advice as soon as possible so you can prepare the appropriate application and supporting information.
How Long Does a Prohibited Steps Order Last?
The duration of a prohibited steps order is determined by the court and varies depending on the circumstances of the case. The court may specify a period or make an order that remains in force until a further court order, subject to the applicable legal limits.
Under section 9 of the Children Act 1989, a section 8 order wouldn’t ordinarily continue beyond a child’s 16th birthday. The court can make an order that continues beyond that age but this is only done where it is satisfied that the circumstances are exceptional.
If circumstances change, it may be possible to apply to vary or discharge the order. For example, a restriction relating to a proposed school move may no longer be necessary if the underlying circumstances have changed. The court will consider the evidence and the child’s welfare when deciding whether the order should be changed or brought to an end.
Until an order has been varied or discharged by the court, those bound by it should continue to comply with its terms. A private agreement between parents should not be assumed to change the legal effect of an existing order.
Prohibited Steps Order vs Specific Issue Order
A prohibited steps order and a specific issue order (SIO) are both available under section 8 of the Children Act 1989 but serve different purposes. Although both can be relevant when parents disagree about an important decision concerning their child.
A prohibited steps order prevents a particular action from being taken without the court’s permission. For example, it may prevent a parent from taking a child abroad or changing their school while the issue is unresolved.
A specific issue order, by contrast, allows the court to determine a particular question about a child’s upbringing. For example, the court may be asked to decide which school a child should attend or resolve a specific disagreement about their upbringing.
The appropriate order depends on what needs to be resolved. If the concern is that a parent may take a particular step before the court can consider the matter, a prohibited steps order may be relevant. If the parents need the court to make a decision on a specific question, a specific issue order may be more appropriate.
The court can’t use these orders just to achieve an outcome that should properly be addressed through a child arrangements order. A solicitor can advise on the most suitable application for your circumstances.
What happens if a prohibited steps order is breached?
Breaching a Prohibited Steps Order can have serious consequences, as the court may treat a failure to comply as contempt of court. This does however depend on multiple factors including severity and intent. Depending on the circumstances, the court may give a formal warning, impose a fine or, in more serious cases, a prison sentence. It may also take steps to reverse the prohibited action, such as ordering the return of a child or arranging for their passport to be held to prevent them from being taken abroad.
If you believe an order has been breached, keep copies of relevant messages, documents or other information where safe to do so and seek advice from a family solicitor. Do not take steps that could increase risk to you or your child. If there is an immediate safeguarding concern, contact the police.
Legal aid for prohibited steps orders
Legal aid may be available for a prohibited steps order where there is prescribed evidence of domestic abuse or child protection concerns. Eligibility also depends on your financial circumstances and whether the case meets the relevant merits test.
You do not need to have all the evidence before speaking to a solicitor. However, you will usually need evidence before legal aid can be confirmed. This evidence may come from the police, the court, a health professional, a domestic abuse support service, a MARAC, or children’s services.
A solicitor can assess whether legal aid may be available and explain what information is needed. You can find further information about legal aid.
Speak to a solicitor about a prohibited steps order
A prohibited steps order can be an important option if you are worried a specific decision will affect your child. Understanding the process can help you prepare and make informed decisions during a stressful situation.
National Legal Service Solicitors can advise on prohibited steps orders, urgent applications, child arrangements and legal aid. Contact us to speak in confidence about your situation and the steps that may be available.
Information is for general guidance in England and Wales and is not a substitute for legal advice.
