What is a prohibited steps order?
A prohibited steps order is a legal document issued by the court that prevents a parent from taking certain actions relating to their child. A prohibited steps order differs from a child arrangements order, which sets out where and with whom a child will live and have contact. The court will not allow the use of a prohibited steps order where a child arrangement order can achieve the same aim.
Prohibited steps orders can be used to stop a parent from:
- Taking their child abroad
- Relocating the child to another part of the UK
- Removing their child from school or changing their schooling arrangements
- Changing their child’s name
- Allowing their child to receive medication
- Allowing their child to see someone (e.g., an ex-partner’s new partner)
Child arrangement orders doesn’t remove parental responsibility of a parent, but rather, they place restrictions on specific activities mentioned in the order. In addition, a child arrangement order cannot be used to exclude someone from the family home.
Conditions to get a prohibited steps order
To get a prohibited steps order from the court, certain conditions must be met, such as the child must be under the age of 16, and they must not be in the care of a local authority. It is important to understand that not everyone can apply for a prohibited steps order, and permission may first be required from the court before applying. The following people can apply for a prohibited steps order without first getting permission from the court:
- The child’s parent, guardian or special guardian.
- The child’s step-parent named in a parental responsibility agreement or order.
- Anyone named as the person with whom the child is to live in an active child arrangement order.
Anyone else, including the child themselves, requires permission from the court before applying for a prohibited steps order.
When considering a prohibited steps order application, the courts will weigh up the relevant factors on a case-by-case basis.
How do I apply for a prohibited steps order?
There are several stages involved in applying for a prohibited steps order from the court. It is important to seek the expertise of a family law solicitor who will carefully guide you through and handle the process on your behalf.
- Attend a Mediation Information and Assessment Meeting (MIAM): this is to see if the matter can be resolved outside of the court system through non-confrontational mediation with the aid of a specially trained mediator / Children and Family Court Advisory and Support Services Officer. Unless an exception applies, the court will insist that this be done before applying for a prohibited steps order.
- Complete a prohibited steps order application form (Form C100: Apply for a court order to make arrangements for a child or resolve a dispute about their upbringing) – this can be done online. If permission to apply is needed, you will need to complete Form C100 or Form C2 and attach a draft of the order sought, any written evidence in support, and supplemental Form C1A if the child is at risk of harm. A fee of £232 must be paid with the application.
- Issue the application to the family court.
- The family court will consider the application, and if approved, instructions will be provided on how to serve the application on the other party.
- The other party has 14 days to respond to the application on Form C7 and send a completed Form C1A to the court (if necessary).
- The Children and Family Court Advisory and Support Services Officer may carry out safeguarding checks and enquiries regarding the risk of harm to the child if necessary and advise the court accordingly.
- First hearing dispute resolution appointment (FHDRA) – during this session, the judge will help the parties to resolve the matter. If an agreement is reached on all of the issues raised at the FHDRA, the judge will then grant a consent order based on the terms agreed and conclude the matter.
- Dispute resolution appointment (DRA) – at the DRA, the judge will identify any remaining issues, consider whether the DRA can be used as a final hearing, and then attempt to resolve the issues by hearing evidence.
- Final hearing – During a final hearing, the judge will listen to oral evidence and make a final decision on the matters in the prohibited steps order application. Final hearings are only needed if a resolution cannot be reached in the earlier stages.
How long does it take to get a prohibited steps order?
The amount of time it takes to get a prohibited steps order depends entirely on the facts of each individual case and how willing each party is to reach a final decision. As such, it may take several months or even over a year to reach a final decision on a prohibited steps order. Mediation can bring about a much faster decision within a matter of weeks.
Emergency prohibited steps order
In some cases, it may be necessary to take urgent action to prevent a parent from taking certain action/s regarding their child, and there is strong evidence of such a risk. In this case, it is possible to apply for an emergency prohibited steps order. Again, whether an emergency prohibited steps order is needed will be determined on a case-by-case basis. Circumstances such as domestic violence or the risk of domestic violence towards a child may require an emergency prohibited steps order.
Due to the urgent nature and risk to the child, emergency hearings (also called ‘abridged hearings’) are held on the same day as the prohibited steps order application and can be held without notice.
How long does a prohibited steps order last?
Prohibited Steps Orders may specify how long the order will last, or they may last indefinitely until a further court order is issued. A prohibited steps order can last for months (e.g. 6 to 12 months) or even years, depending on the court’s final decision. It is important to note, however, that prohibited steps orders automatically come to an end when the child reaches the age of 18.
What happens if you break a prohibited steps order?
If the other party breaks the terms of a prohibited steps order, it is important to seek expert legal advice as soon as possible. It is also important to note that the police have the power to enforce a prohibited steps order (e.g. take action to have your child returned to you).
Breaking a prohibited steps order is an extremely serious matter and can lead to a substantial fine and even imprisonment. Assuming that the child is under 16, you can ask the court to enforce the prohibited steps order. The court may issue a specific issue order requiring the other party to take specific action (e.g. returning the child to you, requiring the child’s passport to be taken away for safekeeping to prevent international travel, or issuing contempt of court proceedings).
Can a prohibited steps order be overturned?
Prohibited steps orders can be overturned in certain circumstances, including:
- Where parents reach an agreement to have the order reversed.
- It is no longer needed.
- If there is evidence of fraud, mistake or a misstatement of the facts on which the original decision was made.
- A new event or material change of circumstances has occurred that invalidates the basis on which the order was originally made.
In any event, the court will only agree to reverse or overturn a prohibited steps order if they believe that it is in the child’s best interest to do so.
