A prohibited steps order is issued by the court to prevent a child’s parent from taking a particular action concerning the child.
If you are a parent and you have a strong objection to your child’s other parent making a certain decision, you can ask the court to make an order preventing this.
What does a prohibited steps order prevent?
The issue will usually be one that could have a substantial impact on the child’s life or on their relationship with the other parent. Examples include:
- Relocating to a new home a long way away
- Taking a child abroad to live
- Changing a child’s surname
- Moving a child to a new school
- Certain onerous medical decisions
- Preventing a child from seeing a particular person, such as a new partner
A prohibited steps order can be made against anyone, not just a child’s parents.
Applying for a prohibited steps order
An application for a prohibited steps order can be made by a child’s guardians, anyone named on a child arrangements order, parents and anyone with parental responsibility for the child, such as a step-parent.
The child in question must be under the age of 16. An order will usually only last until they are 16.
To apply for an order, a C100 form will need to be filed with the court. Before the application is made, the parents will need to attend a Mediation Information Assessment Meeting, except in certain cases such as where domestic violence is an issue.
In considering whether to grant an order, the court’s main consideration will be the child’s welfare. Reference will be made to the welfare checklist contained in the Children Act 1989, which includes the following issues:
- The child’s own wishes and feelings
- Their physical, emotion and educational needs
- The likely effect of any change in circumstances
- Their age, sex, background and any other relevant characteristics
- Any harm they have suffered or are at risk of suffering
- How capable the parents and any other relevant person are in meeting the child’s needs
The court will also consider the reasons for any action which a parent wishes to take. For example, if they want to move away because they have been offered a new job or they wish to join a new partner or move nearer to family members, this may be a valid reason and mean that an order is not granted. However, if they want to go simply to move away from their ex-partner to try and stop them from seeing the child, the court may be more inclined to grant a prohibited steps order.
Unless there is a good reason to the contrary, the court prefers children to have meaningful contact and relationships with both parents wherever possible.
Emergency prohibited steps order
If you believe there is an imminent risk to your child, for instance, that they may shortly be removed from the country, then you should apply for an emergency prohibited steps order. Because of the seriousness of an emergency situation, it is recommended that you seek legal help with the application.
A C100 application will need to be made and an emergency hearing will take place without the other parent being notified. If a prohibited steps order is granted, then a further hearing will take place at a later date when the other parent will also attend.
In summary
Making an application to the court should generally only be a last resort. Wherever possible, matters concerning children should be agreed with your partner directly. Where this has proved difficult, an expert family solicitor and/or a mediator can often help couples find an acceptable solution.
If you are concerned that your ex intends to take action that you believe is unacceptable for your child, then it is advisable to seek legal advice. It may be possible to negotiate an agreement without the need for court proceedings, however if legal action is necessary, you can be sure that your interests are protected if you have an advisor in place.
Contact us
At Witan Solicitors we are experienced in dealing with all aspects of family and children issues in divorce.
If you have concerns about your child following separation and you would like to discuss your options with an expert family lawyer, email us at info@witansolicitors.co.uk or fill in our contact form. We have offices in Birmingham and Northampton
