Prohibited Steps Orders: What They Are and How to Apply

A Prohibited Steps Order is a court order that prevents a parent from taking a specific action in relation to a child without first getting permission from the court.

It is not an order about where the child lives or how much time they spend with each parent. It is a targeted order designed to stop one particular thing from happening.

If you are worried that the other parent is about to do something that you believe would harm your child, a Prohibited Steps Order may be what you need. If you have received an application for one, this guide explains what it means and what you should do.

What Can a Prohibited Steps Order Cover?

A Prohibited Steps Order can be made about any step that a parent with parental responsibility could otherwise take in relation to a child. The most common examples are:

• Removing the child from England and Wales, or from the United Kingdom, without the other parent's consent. This is the most frequently sought Prohibited Steps Order.
• Changing the child's surname without consent.
• Removing the child from their current school.
• Taking the child to a specific address or location.
• Allowing a specific person to have contact with the child.
• Moving the child to a different area within England and Wales where this would significantly disrupt existing arrangements.

The order is tailored to the specific concern. It prevents that specific step. It does not automatically prevent anything else.

The Legal Framework

England and Wales

A Prohibited Steps Order is made under Section 8 of the Children Act 1989. The court will only make one if it is in the best interests of the child to do so. The welfare checklist in Section 1 of the Children Act 1989 applies.

Northern Ireland

Applying for a Prohibited Steps Order

In England and Wales

An application for a Prohibited Steps Order is made on the C100 form. You can apply for one on its own or alongside an application for a Child Arrangements Order.

Before filing, you are generally required to attend a MIAM unless an exemption applies. The court fee is £255 at the time of writing.

Once filed, the court will list a first hearing. In most cases, the application is heard on notice, meaning the other parent is informed of the application before the hearing.

Emergency Applications

Where there is genuine urgency, it is possible to apply for a Prohibited Steps Order without notice to the other party. This is called a without notice application. The bar is high. You need to demonstrate to the court that there is an immediate risk and that waiting to notify the other party would defeat the purpose of the order.

If the court makes a without notice Prohibited Steps Order, the other party is then served with the order and has the right to come back to court to challenge it.

Without notice applications are not appropriate simply because you are worried about what might happen. They are for situations where you have credible evidence that the other parent is about to act, and that acting quickly is necessary to protect the child.

What the Court Looks For

When deciding whether to make a Prohibited Steps Order, the court considers:

• Whether there is a genuine risk that the other parent will take the step you are seeking to prevent. Concern alone is not enough. The court wants evidence of a real risk.
• Whether the step, if taken, would harm the child's welfare.
• Whether a Prohibited Steps Order is a proportionate response to that risk.

Judges are alert to applications that are really about controlling the other parent rather than genuinely protecting the child. An application brought primarily to frustrate the other parent's life, rather than to protect a genuine interest of the child, is unlikely to succeed and may count against you.

Responding to a Prohibited Steps Order Application

If you receive notice that the other parent has applied for a Prohibited Steps Order against you, you will be sent an application and a hearing date. You need to file a response and attend the hearing.

Read the application carefully. Understand specifically what you are being prevented from doing, or what the other parent is seeking to prevent you from doing.

If the application is based on incorrect facts, you need to set out the correct position in your response and in your evidence.

If the application is based on misunderstanding of your intentions, for example, you were planning a holiday abroad with the child but have no intention of not returning, say so clearly and provide evidence.

Taking a Child Abroad: The Most Common Scenario

The most frequent reason for a Prohibited Steps Order application is one parent's fear that the other is about to take the child abroad, either for an unauthorised holiday or with no intention of returning.

If a Child Arrangements Order is in place providing for the child to live with you, you can take the child abroad for up to 28 days without the other parent's consent or a court order. Beyond 28 days, you need consent or a court order.

If you want to take the child abroad and the other parent will not consent, you can apply to the court for a Specific Issue Order permitting the trip, rather than waiting for the other parent to bring a Prohibited Steps Order against you.

If you are the parent worried that the other parent may take the child abroad without returning, and you have evidence of a genuine risk, you may apply for a Prohibited Steps Order preventing removal from the jurisdiction. In serious cases involving risk of international abduction, the court has additional powers including passport surrender.

Getting This Right Matters

Prohibited Steps Order applications, whether you are bringing one or responding to one, have significant consequences for your case. They affect the judge's perception of the case and of you as a parent.

An application brought without genuine justification costs you credibility. A response that fails to address the specific concern head-on allows the risk to go unaddressed.

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