A Guide To Prohibited Steps Orders
A parent can ask the family court to make a prohibited steps order if they are concerned that a parent or person with parental responsibility is going to take a step in relation to their child that is not in their child’s best interests.
Our Family Law Solicitors outline some of the circumstances where it may be appropriate to ask the court to make a prohibited steps order or to object to one.
Contact OTS Solicitors Today for Expert Family Law Advice.
What is a prohibited steps order?
A prohibited steps order prevents a parent or someone with parental responsibility from deciding on an aspect of a child's upbringing without first obtaining the court's permission. That’s because the order prohibits the person from taking the specific step.
A prohibited steps order application is usually made only if parents separate or divorce, and there are significant parenting issues that agreement, solicitor negotiations, or family mediation cannot resolve.
In some situations, a parent can ask a family judge to make an emergency prohibited steps order if the problem is deemed urgent.
A prohibited steps order can be made at the same time as a child arrangement order. This type of family court order specifies the child's parenting arrangements, such as shared parenting under a child arrangement order or the child living with one parent and spending time with the other.
Examples of prohibited step orders
Examples of situations where a parent may ask a family law judge to make a prohibited steps order include preventing one parent from:
- Taking the child out of England and Wales.
- Moving out of the geographical area in which the child is currently living.
- Authorising a specific medical procedure that the other parent objects to.
- Allowing the child to see a specified person, such as a relative with a relevant conviction or an adult accused of crimes against children.
- Changing the child’s name.
- Removing the child from their school and either sending the child to a new school or home educating them.
- Getting the child to change their religious faith and observances.
There are many other family situations where a parent may need to ask the court to make a prohibited steps order and a specific issue order. For example, a parent might ask the court to specify the school the child should attend in a specific issue order and to prohibit the other parent from taking the child out of the school and enrolling the child in another educational establishment or homeschooling.
When can the court make a prohibited steps order?
A person does not need to have parental responsibility for the child for the court to make an order prohibiting them from doing something. For example, a parent could ask the court to prohibit contact with someone deemed inappropriate.
A Prohibited Steps Order Solicitor in London can advise you on whether you can apply for a prohibited steps order, the court process, and the likelihood of the court making an order in the terms you seek.
Prohibited steps order legal advice needs to be bespoke to your family situation, as it may, for example, be in your child’s best interests to be taken out of school to be homeschooled or for your child to have medical treatment that the other parent objects to.
Applying for a prohibited steps order
An application for a prohibited steps order is made to the family court. The application is served on the person against whom the order is sought and on any other persons with parental responsibility for the child. If there are safety concerns about disclosing your address, you can ask the court to withhold your address when applying for the prohibited steps order.
In an urgent situation, the court may agree to make an urgent prohibited steps order without notifying the respondent of the application or inviting them to the first court hearing. However, a respondent to a prohibited steps order application will always be able to object to the making of a prohibited steps order or to ask that an emergency prohibited steps order be ended.
A Prohibited Steps Order Lawyer can advise on whether the application is likely to be successful, and the alternatives to the application. For example, if a parent wants to prevent their child from having contact with the other parent, a child arrangement order application may be more appropriate.
The court decision to make a prohibited steps order
When deciding whether to make a prohibited steps order, the court will need to examine the reasons for the application. For example, if one parent wishes to relocate with the child to another part of the country, the court will need to consider the reasons for the move. Does the parent have a viable reason for relocating, such as a lucrative job offer or family support, or are they seeking to move from London to Newcastle to prevent the non-residential parent from enjoying regular contact with their child and from building a relationship?
The court decision to grant or refuse a prohibited steps order application is based on the judge’s assessment of your child’s welfare. That’s because the welfare of the child is the court’s paramount consideration when determining a prohibited steps order application under the Children Act 1989.
Talk to Prohibited Steps Order Solicitors in London
A prohibited steps order application is a serious step for any parent to take. By instructing an experienced Family Law Solicitor, you can be assured of receiving the best family law legal advice available on whether to apply for the order and to help you secure the order should you require legal representation in court.
Contact OTS Solicitors Today for Expert Family Law Legal Advice.
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