How to Apply for a Prohibited Steps Order to Prevent Removal of a Child From the Jurisdiction
If you are worried your child may be taken abroad, our specialist Family Law Solicitors can quickly and efficiently advise you on whether you have the grounds to apply for a prohibited steps order.
Call OTS Solicitors on 0203 959 9123 or contact us online.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi.
Do you need a prohibited steps order to prevent your child from being taken abroad?
Our Family Lawyers can answer these questions:
- Why do I need a prohibited steps order?
- What evidence do I need to show that the other parent poses a risk of parental child abduction?
- What practical steps can I take to reduce the risk of my child being taken overseas without my consent?
- Does my ex-partner need my permission or a court order to take my child abroad on holiday?
- What is the court application process for a prohibited steps order?
- Will the court allow my ex to take my child abroad?
- What safeguards can the court make to allow foreign holidays but to reduce the risk of my ex not returning to England with my child at the end of their holiday?
Why do I need a prohibited steps order?
You may need a prohibited steps order if you have reasonable grounds to believe that your former partner (or their friends and family) may be planning to take your child overseas (out of England and Wales) and they do not have your permission, or one of these three types of children law court order:
- A relocation order allowing them to take your child overseas to live.
- A holiday order allowing them to take your child abroad on holiday, and the planned holiday is within the scope of the order.
- A child arrangement order that says your child lives with the other parent and the parent’s planned overseas holiday is a four-week holiday or less.
You may still need a prohibited steps order even if the other parent has one of these court orders. For example:
- The child lives with your ex-partner under a child arrangement order, but you have learnt that a planned week on holiday will be a permanent overseas move.
- You agreed to a holiday order, but new information has come to light. For example, your ex-spouse has sold their family home, resigned from their job, and there are other red flags about the planned holiday.
Is my child at risk of parental child abduction?
You may want to apply for a prohibited steps order if you believe your child is at risk of parental child abduction.
Section 1 of the Child Abduction Act 1984 defines parental child abduction.
In essence, the offence of parental child abduction is committed if a parent takes a child out of the UK without the necessary consent. A parent may not need the other parent's consent if the parent has a court order, such as a holiday order.
If you believe that your child may be at risk of parental child abduction, it is best to discuss your fears with a Child Abduction Solicitor. For example, your concerns may stem from your spouse living in the UK on a Skilled Worker Visa or Spouse Visa. Our Family Lawyers will discuss the evidential basis for your concerns and discuss the option of applying for a prohibited steps order and the timing of the application.
If your child is at imminent risk of being taken abroad without your consent, you need specialist legal advice to safeguard your child. The UK government's guidance on reducing the risk of parental child abduction is to:
- Take legal advice. Family Law Solicitors can urgently obtain prohibited steps orders, orders for port alerts, or orders to secure passports.
- Contact the passport office to see if you can stop the other parent from applying for a passport for your child.
- Contact the relevant embassy or consulate if your spouse is not a British citizen to request that they not issue your child with a passport if asked to do so by the child’s other parent.
- Ask for a port alert if you think your child will be taken abroad within the next 48 hours. A port alert will alert airports and other points of departure that the other parent may attempt to leave the UK with the child, but without the necessary parental consent or court order.
- Contact Reunite, the child abduction charity.
Applying for a prohibited steps order
A prohibited steps order stops a person (normally the other parent) from doing something or acting in a particular way.
You can apply for a prohibited steps order if you are:
- The child’s parent.
- The child’s guardian.
- A person with parental responsibility for the child.
- A person named as the carer of the child in a child arrangement order.
- A person with court permission or leave can apply for a prohibited steps order.
If your application is urgent, the requirement to attend family mediation before applying for a court order is waived.
In urgent situations, the court can be asked to make a prohibited steps order without your partner being told about the application. This is called a ‘’without notice’’ hearing. If the court makes a temporary prohibited steps order, it will give your ex-partner the opportunity to ask the court to discharge the prohibited steps order or to make a child arrangement order, relocation order or holiday order.
It is hard for a Family Law Solicitor to give an accurate timeline for a prohibited steps order without first speaking to you. That’s because the timeframe will depend on the urgency of your child’s situation and any complicating factors, such as disputed court jurisdiction or disputed allegations.
Speak to a Prohibited Steps Order Lawyer
Our Prohibited Steps Order Solicitors know that any parent taking legal advice on stopping their child from being taken overseas is anxious about the application process and results. We understand that speed and reassurance are crucial. Our legal experts are here to help you with your prohibited steps order application to protect and safeguard your child.
Contact Online and London Family Law Solicitors for advice on prohibited steps order applications.
Call OTS Solicitors on 0203 959 9123 or contact us online.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Tamil Tagalog/Ilonggo, Urdu/Punjabi.
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