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.
Who Can Apply for a Prohibited Steps Order?
A prohibited steps order can be applied for under section 8 of the Children Act 1989.
Applications can be made by:
- parents
- guardians
- individuals with parental responsibility
- holders of a child arrangements order stating that the child lives with them
The only exceptions are where the child is aged 16 or over, or where the child is already in the care of a local authority.
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 will set a time frame that it believes is in the best interests of the child. This may be for a fixed period, such as several months, or for a longer duration where ongoing protection is required.
In many cases, a prohibited steps order remains in force until further order of the court. However, it will automatically end when the child reaches the age of 18, as they are then legally considered an adult.
A prohibited steps order cannot continue beyond this point.
How to Get a Prohibited Steps Order
To obtain a prohibited steps order, an application must be made to the family court. This can be done directly by the applicant or through a specialist family law solicitor.
Because these applications often arise in emotionally charged and complex situations, legal representation can be extremely valuable. The court must be satisfied that the proposed restriction is necessary to protect the child’s welfare or to prevent potential harm.
Strong legal advice can help ensure that the application is proportionate, evidence based, and clearly focused on the child’s best interests.
How to Apply for a Prohibited Steps Order
An application can be made:
- in person at the family court
- through a solicitor experienced in family law
Depending on the circumstances, it may be possible to apply without notice to the other party. This is usually reserved for urgent cases where there is an immediate risk to the child, such as a threat of removal from the country. Legal advice should always be sought before making an emergency application.
For applications made on notice, the court will usually expect attempts to resolve matters through mediation, unless an exemption applies. Common exemptions include cases involving domestic abuse or serious child protection concerns.
If the application proceeds on notice, a Children and Family Court Advisory and Support Services officer may become involved to explore whether an agreement can be reached without further court hearings.
If no agreement is reached, the court will give directions for evidence to be filed and may list the case for a further hearing.
Legal Aid and Wider Considerations
Legal Aid may be available for prohibited steps order applications where there is evidence of domestic abuse or child protection concerns, provided the applicant meets the financial eligibility criteria.
It is also important to be aware that applying for a prohibited steps order can lead the court to consider broader child arrangements, including where the child lives and how much time they spend with each parent.
For this reason, early legal advice is strongly recommended. Understanding the potential outcomes before making an application can help you make informed decisions and avoid unintended consequences.
