Co-parenting is a challenge for most parents who have separated, especially if you and your former partner do not always see eye to eye. If your co-parent or someone else wants to make a decision about your child’s upbringing that you do not agree with, a Prohibited Steps Order can stop them.
We provide practical advice about obtaining a Prohibited Steps Order to prevent your child’s other parent or anyone else from making a particular decision about your child.
It is essential to talk to a solicitor who specialises in law relating to children when thinking about applying for a Prohibited Steps Order. Court proceedings can be long and stressful, especially for children, so a professional can help you explore all other options before proceeding and - if you do decide to go ahead - handle the court application process for you.
What is a Prohibited Steps Order?
Effectively, it is an order that prohibits a step from being taken in relation to a child without either the consent of the other parent (or person who holds Parental Responsibility) or permission of the court.
A Prohibited Steps Order is often used to prevent removal of a child from a particular individual or place. Such orders can also be used to prevent a child’s name from being changed. Effectively, it is the reverse of a Specific Issue Order: these orders state what will happen in relation to a child, whereas a Prohibited Steps Order states what will not.
In some circumstances it is necessary to seek an emergency Prohibited Steps Order in order to prevent an imminent event, for example, the removal of a child from England and Wales or from their home or school.
In such instances the person making the application must demonstrate to the court that there is a genuine urgency that necessitates a court hearing without the knowledge or attendance of the other party. If a hearing is held without notice, the court may grant a Prohibited Steps Order or may decide that it needs to hear from both parties before a decision is made.
How long does Prohibited Steps Order last?
A Prohibited Steps Order lasts until a further court order is made which varies it, or until a specified event, or until another order is made to discharge it.
The court can attach a Penal Notice or Warning Notice to a Prohibited Steps Order. If breached, this can result in the party who has failed to comply with the Order facing serious repercussions or proceedings for Contempt of Court.
Contact our Child Law solicitors
Our team of Family Law specialists can help if you are facing a situation where you believe a Prohibited Steps Order is needed, or where someone who shares parental responsibility with you has applied to the court for such an Order. Get in touch with a member of our team to find out more.
