A UK Family Lawyer’s Guide to Prohibited Steps Orders
Parenting can be hard work. That's the case whether you are living with your partner, separated and co-parenting or looking after your children for 80% or 20% of the time.
Professionals will tell you that parenting involves negotiation and compromise with your children and the other parent. Sometimes, compromise isn’t possible, and when that happens, you may need family law advice from a Family Lawyer on making or responding to a prohibited steps order application.
Our specialist Family Law Solicitors can advise you on all aspects of children law, including prohibited steps orders, specific issue orders and child arrangement order applications.
Online and London Family Law Solicitors
Call the expert London Family Lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi.
What is a prohibited steps order?
A prohibited steps order stops a person (normally the other parent) from doing something or acting in a particular way.
A prohibited steps order can be applied for against anyone who has parental responsibility for your child. That’s normally the other parent but it could be a grandparent if your child is living with them under a child arrangement order or it could be a step-parent if they have parental responsibility.
If you are unsure if you can apply for a prohibited steps order against a person then the first step is taking specialist legal advice from one of our Family Law Solicitors. We will explain if you can apply for an order against the person and your alternate options.
Who can apply for a prohibited steps order?
As well as knowing if you can apply for a prohibited steps order against someone you also need to know if you have the right to make the application.
The law says that the following people have a right to apply to the family court for a prohibited steps order to protect a child:
- A parent
- A person who is named as the carer of the child in a child arrangement order
- The guardian of a child
- A person with parental responsibility for a child
- A person who has applied to the court for permission or leave to apply for a prohibited steps order
If you think you may require leave to apply for the order, our Family Lawyers can explain the application for leave process.
Do you need a prohibited steps order?
If your ex-partner won't agree to an aspect of parenting that’s important to you then you need to ask yourself if you need a prohibited steps order to stop them from parenting your child in the way you object to.
Ask yourself these questions:
- Is the parenting issue a deal breaker and something worth arguing or going to court about?
- If you say no to your ex-partner, will your ex follow through on their threat to parent as they want? Are they blustering, or do they mean it?
- Will your ex-partner reach a compromise with you?
- How can you resolve the issue? Is a solicitor’s letter likely to make your former partner rethink their position? Are you willing to go to family mediation or family counselling?
- If your child is older, what’s their opinion? Do they agree with you?
- Are you willing to go to court to get a prohibited steps order? Is the parenting issue so important to you that the costs and stress of court proceedings are justified?
Sometimes it helps to speak to a Divorce Lawyer when answering these questions. They can help you by advising on the likely outcome, costs and timeframe to secure a prohibited steps order. In some situations, it is obvious that your child needs the protection of a court order as they are at risk. A Prohibited Steps Order Lawyer can give urgent legal advice on how to quickly secure an order.
When does a parent need a prohibited steps order?
There are many reasons why your child may need the protection of a court order. Here are some examples:
- To stop the other parent from taking your child overseas to live
- To prevent your child from going on holiday if you don’t think that sort of holiday is in your child’s best interests
- To stop your child from changing school
- To prevent your child from changing their religion or name
- To stop your child from having medical or cosmetic treatment that you disagree with
- To prevent your child from coming into contact with someone. For example, your ex-partner's new boyfriend as you think they pose a risk to your child
- To stop your child from participating in a dangerous sport or activity
Most prohibited steps order applications are designed to stop a parent or person with parental responsibility from doing something to or with your child that they would otherwise be entitled to do.
You may need the order urgently if your child is at imminent risk. For example, if your ex-spouse is leaving the UK as their Spouse Visa is nearing its end and they want to return home with the child. You may think it is in your child’s best interest to remain in the UK because if your child is allowed to leave, you don’t think you will see them again as your ex-spouse’s home country isn’t a signatory to the Hague Convention.
Depending on the urgency, you may be able to negotiate a compromise. For example, if the planned holiday is in 18 months and you trust your ex not to just jump on a plane with your child.
Our Family Law Solicitors can advise you on whether you have the grounds to apply for a prohibited steps order and if it's likely that you could apply for an emergency order.
Applying for a prohibited steps order
Applying for a prohibited steps order involves filling in a standard application form and paying a court fee. If your application is urgent, you will need to explain why to get a without notice hearing.
In children law proceedings you can't file a statement of evidence without first getting court permission to do so. The timing of your statement will depend on the urgency of your application.
Unless you need an urgent order, your ex-partner will be told about the application and will be able to object. Even if the court makes an urgent prohibited steps order without telling your ex about the first hearing, your former partner will still be able to apply to discharge the order or to vary it or will be able to make representations at a second hearing listed by the judge to decide if the order should continue or not.
It is always difficult to map out the time it will take to secure a prohibited steps order. For example, the judge may make a temporary order but also order a report from a CAFCASS officer (an independent social worker) to help them decide if a move overseas or a change of school is in the best interests of your child.
How long does a prohibited steps order last?
Every order is different, but a judge can make an order until:
- A specific date
- Your child’s 18th birthday
If your ex-partner thinks the order should not remain in place they can apply to court to vary or end the order. For example, they could say circumstances have changed and it is now best that your child moves overseas with them.
Speak to a Prohibited Steps Order Lawyer
Our lawyers understand your worries about making a court application. We will advise you on how to make an application and the alternatives. If you decide to apply for an order, we will guide you through the process, prepare your statement of evidence for you and represent you at the court hearings. We will focus your prohibited steps order application on looking at why you think your approach to parenting is in the best interests of your child and why the court should make the order you seek.
Online and London Family Law Solicitors
For family law legal advice, call the expert London family lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi.
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