A Prohibited Steps Order prevents a person, typically a parent, from a certain activity in relation to a child and from exercising their parental responsibility without the consent of the court. Prohibited Steps Orders are generally sought in situations where there is a significant concern that a parent may make a decision which would negatively impact the child’s welfare. Prohibited Steps Orders will only be granted where it is necessary to protect the child’s best interests.

Parental responsibility is all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.

What can a Prohibited Steps Order prevent?

• Taking a child on holiday

• Changing the child’s school

• Certain medical procedures or treatments

• Changing the child’s name

• Removing the child from someone’s care or from their school

• Relocating with the child in the UK or abroad

• Contact for the child with a specific person

• Making a passport application

• Changing a child’s religion or making decisions about a child’s religious upbringing or activities

• Altering lifestyle significantly such as living arrangements

• Any other step which a parent could take in exercising their usual parental responsibility

Who can apply?

• A parent of the child or a special guardian

• Anyone who has parental responsibility for the child

• Anyone who has a Child Arrangements Order stating that the child lives with them.

It is possible for others to apply, however the Court’s permission would be required prior to any application being made.

How long do Prohibited Steps Orders last?

This will be determined on a case by case basis. Prohibited Steps Orders can be open ended to timescale. Any order will however automatically come to an end when the child reaches the age of 18.

Mediation

Before a Court application can be made, mediation must usually be considered, unless an exemption applies.

Can someone oppose the making of a Prohibited Steps Order?

They would need to show the Court how the making or continuance of the order would negatively impact the child. You would also need to show that the order is unnecessary.

Is it possible for the Order to be discharged or overturned?

The Court will not discharge a Prohibited Steps Order if it would have a detrimental impact on the child. The Court’s paramount consideration is the welfare of the child and in all Court applications, the Court must consider the welfare checklist set out in Section 1 Children Act 1989. This requires the Court to consider:

(a) the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);

(b) his physical, emotional and educational needs;

(c) the likely effect on him of any change in his circumstances;

(d) his age, sex, background and any characteristics of his which the court considers relevant;

(e) any harm which he has suffered or is at risk of suffering;

(f) how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;

(g) the range of powers available to the court under this Act in the proceedings in question.

If the parties agree that the Order should no longer be in place, the Court may discharge it. If the parent who applied for the order no longer wishes for it to be in place, the Court will consider whether it can be discharged after considering whether this would be in the child’s best interests.

What happens if a Prohibited Steps Order is breached?

A Prohibited Steps Order is a legally binding document. Breach of a prohibited steps order will place someone in contempt of Court. Breach of a prohibited steps order is punishable by fine/unpaid work or imprisonment. In certain circumstances, breaching a Prohibited Steps Order can result in a change of the existing caring arrangements for the child and can impact upon where they should live and the contact they may have with the other parent.

Any breach of an existing Prohibited Steps Order would require an application to the Court to notify the breach and to seek enforcement.

How can I apply?

Please get in touch with a member of our child law team, if you are looking for assistance with an application for a Prohibited Steps Order. We are here to assist you every step of the way. 

It is possible for an emergency application to be made, on a “without notice” basis. This means that the other parent or person with parental responsibility, will not be notified about the application. This type of application will however require evidence that the child is at risk of harm or that the matter is urgent. The person not making the application, will not be notified about the first Court Hearing, however will be invited to attend a further hearing where both parties would be present. This will give them an opportunity to tell the Court whether they agree to the Order remaining in place or whether they wish to oppose it.