Applications for Prohibited Steps Orders to Prevent Removal of a Child from the Jurisdiction
When you fear that your child will be taken out of England without your agreement or a relocation court order you need an urgent prohibited steps order to prevent the removal of your child from the jurisdiction.
Our Family Law Solicitors in London can help you obtain a prohibited steps order. It's important to take specialist legal advice if you are worried about parental child abduction. The sooner you call us the sooner we can act to protect your family.
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. We can meet with you at our offices, talk over the phone or online via Web Conferencing such as Zoom or Skype.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi.
How Does a Prohibited Steps Order Stop My Child From Being Taken Out of England?
A prohibited steps order stops a person from taking an action in a child’s life. A parent can apply to the family court for a prohibited steps order if they fear parental child abduction with the child being taken overseas without either:
- Their agreement
- A court order authorising the relocation of the child (a relocation order)
If the threat of removal is imminent a parent can ask for other protective measures, such as:
- An all-ports alert
- The retention of the child’s passport
The court can hold the passport. However, it is more common for a Family Law Solicitor to be ordered to hold the passport. The solicitor is bound by a court order not to release the passport to either parent without court permission.
Will a Prohibited Steps Order Stop My Child From Being Taken Overseas?
A prohibited steps order should help stop your child from being taken out of England and Wales. With a family court order the police and other agencies should take your concerns seriously and support you in protecting your child.
Prohibited steps orders don’t lock up your ex-partner so you need to consider how best to safeguard your child from child abduction. Our Family Law Solicitors can discuss whether you also need to apply for a non-molestation order or occupation order and the other measures available to help protect you and your child.
Can I Apply For a Prohibited Steps Order If My Child Is Not British?
You may be able to apply for a prohibited steps order if your child isn’t British and isn’t settled in the UK but is living in the UK.
English children law says the English family court has the jurisdiction (power) to make a prohibited steps order if your child is habitually resident in England or Wales. A child can be habitually resident whilst living in the UK on a Dependant Visa.
Our Prohibited Steps Order Solicitors can advise you on whether you can make an application and guide and support you through the court process.
Can I Apply For a Prohibited Steps Order If I Am Not a British Citizen?
You can apply for a prohibited steps order to protect your child if your child is living in the UK and is habitually resident. Your nationality or visa status is not relevant to the court's jurisdiction.
Our Children Law Solicitors work closely with our Immigration Lawyers and we can advise you on your options to remain in the UK if you are in the UK on a visa and wish to remain in the UK with your child. Your options will depend on whether you or your spouse or partner are in the UK on a Skilled Worker Visa, Spouse Visa or other type of visa.
Can I Leave the UK With My Child As I Fear My Ex-partner Will Disappear With My Child?
Sometimes parents think that their best option is to flee rather than stay in England and secure a prohibited steps order and other protective orders. It isn’t as if that puts you in the wrong.
Your ex-partner could accuse you of parental child abduction if your child is habitually resident in England and they did not give consent to your going overseas and you did not secure a relocation order.
If you are accused of child abduction you could face criminal proceedings and you risk the family court in the country you took your child to ordering the child’s return to the UK (a return order). The English family court would then decide the child’s living arrangements with the making of a child arrangement order. It may be harder for you to secure the child arrangement order or the relocation order you want if left the UK without first applying for a relocation order.
Will The Court Grant Me a Prohibited Steps Order?
If you apply for a prohibited steps order a judge will make an order that they think is in your child’s best interests after considering a list of factors known as the welfare checklist.
The welfare checklist includes:
- The ascertainable wishes and feelings of your child, in light of his or her age and understanding
- Your child’s physical, emotional and educational needs
- The likely effect on your child of any change in circumstances
- Your child’s age, sex, background and any characteristics the court considers relevant
- Any harm which your child has suffered or is at risk of suffering
- How capable each parent is of meeting the child’s needs
- The range of powers available to the court
Our Prohibited Steps Order Solicitors understand that the checklist is long and can appear intimidating. We are experts in quickly understanding your concerns, and preparing statements for you to support your application and in court representation.
How Quickly Can I Get a Prohibited Steps Order?
In an emergency where there is a real threat of parental child abduction, the court can make an order on the day of your application. The court may then list another hearing so your ex-partner has the chance to say why they object to the continuation of the prohibited steps order.
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. We can meet with you at our offices, talk over the phone or online via Web Conferencing such as Zoom or Skype.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi.
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