What is a Prohibited Steps Order?
A Prohibited Steps Order is a type of court order used in family law to prevent one or both parents, or anyone with parental responsibility, from carrying out certain actions concerning a child without the court’s permission. Its main purpose is to protect the welfare of the child by stopping specific decisions or actions that could be against the child’s best interests.
Under the Children Act 1989, a Prohibited Steps Order can be made to restrict a parent or guardian from taking steps that they would normally be allowed to take as part of their parental responsibility. For example, this order might be used to prevent someone from:
- Removing a child from the UK or taking them abroad, either permanently or for a holiday, without the other parent’s consent.
- Changing the child’s school or nursery.
- Deciding on major medical treatment without agreement.
- Changing the child’s surname.
The aim is not to take away all rights from a parent or guardian, but to ensure that certain important decisions cannot be made unilaterally, especially if there is a risk of harm or significant disruption to the child’s life. The court will only grant a Prohibited Steps Order if it believes it is necessary to safeguard the child’s welfare, which is always the court’s primary concern.
Prohibited Steps Orders are just one of several legal tools available under the Children Act 1989 to resolve disputes about children. They are often used when parents or guardians cannot agree on important issues, and there is a need for clear legal boundaries to protect the child. If you are considering applying for a Prohibited Steps Order, it’s important to understand how it fits within the broader context of family law and child protection, and to seek legal advice if you are unsure about your rights or responsibilities.
When and Why is a Prohibited Steps Order Used?
A Prohibited Steps Order is used by the court to prevent a parent or guardian from making certain decisions about a child’s upbringing without the court’s permission. These orders are typically sought when there is a real concern that one parent might take actions that could negatively affect the child’s welfare or safety.
Common Situations Requiring a Prohibited Steps Order
Parents or guardians may apply for a Prohibited Steps Order in a range of situations, such as:
- Preventing Relocation: If one parent fears the other might move the child to another part of the UK or abroad without consent, a Prohibited Steps Order can stop this from happening until the court has considered the case.
- Education Decisions: The order can prevent changes to the child’s school or educational arrangements if there is disagreement between those with parental responsibility.
- Medical Treatment: In some cases, a parent may seek to stop the other from making medical decisions for the child without agreement.
- Contact with Certain Individuals: The order can be used to prevent the child from being introduced to specific people if there are concerns about their influence or safety.
For more examples and practical guidance on when and why a Prohibited Steps Order might be necessary, see the Prohibited Steps Order section on GOV.UK.
Emergency Protection and Urgent Cases
Sometimes, a Prohibited Steps Order is needed urgently to prevent immediate harm to a child. In these emergency situations, the court can make a quick decision to protect the child’s safety. This might be necessary if there is a risk of abduction, exposure to abuse, or other serious threats. In such cases, a Prohibited Steps Order may be used alongside other urgent legal measures, such as a Child Emergency Protection Order, or as part of emergency protection from abuse.
The Legal Basis: Children Act 1989
The authority for Prohibited Steps Orders comes from the Children Act 1989, Section 8. This law gives the court the power to restrict certain parental actions if it is believed to be necessary for the child’s welfare.
The Child’s Best Interests
The most important factor in any decision about a Prohibited Steps Order is the child’s welfare. The court will always consider what is in the best interests of the child before making an order. This means looking at the child’s needs, safety, and overall well-being, rather than the wishes of the parents.
Practical Advice
If you are worried about a decision another parent or guardian might make and believe it could harm your child, you can ask the court for a Prohibited Steps Order. It is important to act quickly if you think there is an immediate risk. The court will consider each case carefully, weighing the evidence and focusing on the child’s best interests at all times.
For more detailed information about the types of court orders available and how they work in practice, visit the Prohibited Steps Order guidance on GOV.UK.
How to Apply for a Prohibited Steps Order
Applying for a Prohibited Steps Order involves several important steps to ensure a child’s welfare is protected. Here’s what you need to know about who can apply, how the process works, what the court will consider, and what happens if the order is not followed.
Who Can Apply for a Prohibited Steps Order?
Generally, the following people can apply for a Prohibited Steps Order:
- Parents or guardians with parental responsibility for the child.
- Anyone with a Child Arrangements Order concerning the child.
- Local authorities in certain situations, such as when a child is under a care order.
If you do not have parental responsibility, you may need to apply for permission from the court before making an application.
The Application Process
To apply for a Prohibited Steps Order, you need to make an application to the Family Court. The application is made under Section 8 of the Children Act 1989. You will need to complete the appropriate court forms, usually a C100 form, and pay a court fee unless you qualify for help with fees.
In some urgent cases, you can ask the court to make a decision without notifying the other party in advance (known as a ‘without notice’ or emergency application). This can be vital if you believe there is an immediate risk to your child’s safety. For more details on the legal framework and urgent applications, see Family Law Act 1986, Section 8.
What Evidence or Reasons Need to Be Provided?
The court will only grant a Prohibited Steps Order if it believes it is necessary to protect the child’s welfare. You will need to provide:
- Clear reasons for the order, such as concerns about the other parent taking the child abroad, changing their school, or making medical decisions without your agreement.
- Supporting evidence where possible, such as messages, emails, or witness statements that demonstrate why the order is needed.
- Details of previous court orders or proceedings involving the child.
The court’s main concern is always the best interests of the child. You must show that the order is needed to prevent harm or protect the child’s wellbeing.
Possible Outcomes and Duration of the Order
After considering the evidence, the court may:
- Grant the Prohibited Steps Order as requested, preventing the specified action.
- Modify the terms of the order, allowing certain actions under specific conditions.
- Refuse the application if it decides the order is not necessary.
A Prohibited Steps Order can be temporary (lasting until a specific date or event) or longer-term. The court will specify how long the order is to remain in force. Orders are usually reviewed if circumstances change or if either party asks the court to reconsider.
What Happens if Someone Breaches the Order?
Breaching a Prohibited Steps Order is a serious matter. If someone disobeys the order, they may be found in contempt of court, which can result in penalties including fines, community service, or even imprisonment in severe cases. For more details on the consequences of a breach of a court order, see the guidance provided by LexisNexis.
If you believe the order has been breached, you should seek legal advice or contact the court as soon as possible.
For a more detailed overview of the types of family law orders and how the Family Court operates, visit Types of Family Law Orders – childlawadvice.org.uk. For further information on Section 8 of the Children Act 1989, including urgent applications, see Understanding Section 8 of the Children Act 1989 – WSP Solicitors.
Impact of a Prohibited Steps Order on Parental Rights
When a court issues a Prohibited Steps Order, it places clear limits on what a parent or guardian can do in relation to their child. This type of order is designed to prevent a specific action – such as taking a child abroad, changing their school, or making major medical decisions – without the court’s permission. The main aim is to protect the child’s welfare, especially in situations where parents disagree or where there are concerns about a child’s safety.
How Does a Prohibited Steps Order Affect Parental Decision-Making?
A Prohibited Steps Order restricts certain aspects of Parental Responsibility. While parents or guardians usually have the right to make important decisions about their child’s upbringing, this order temporarily removes the ability to act on specific matters named in the order. For example, if one parent is worried that the other may take the child out of the country without consent, a Prohibited Steps Order can legally prevent this from happening.
It’s important to note that the order does not remove all parental rights or responsibilities. Instead, it only blocks the particular action(s) that the court believes could harm the child or are not in their best interests. Day-to-day parenting decisions generally remain unaffected unless the order specifies otherwise.
Prohibited Steps Order vs. Other Child Arrangements
A Prohibited Steps Order is different from a child arrangements order. While a child arrangements order decides where a child lives and who they spend time with, a Prohibited Steps Order focuses on preventing a parent or guardian from carrying out a specific act. For example, a child arrangements order might set out that a child lives with one parent and visits the other on weekends, but a Prohibited Steps Order could stop either parent from moving the child to a new school without agreement.
Both types of orders can be made under the Children Act 1989, but they serve different purposes. Understanding the distinction helps parents choose the right legal option for their situation.
Balancing Child Protection and Parental Rights
Courts always try to strike a balance between safeguarding the child and respecting the rights of both parents. Before granting a Prohibited Steps Order, the court will consider whether the restriction is truly necessary for the child’s welfare. The court will look at factors such as the child’s needs, the parents’ wishes, and any risks involved.
Parents still retain their broader rights and responsibilities, but the order ensures that certain steps cannot be taken without the court’s approval. This approach aims to protect children from potential harm while allowing parents to remain involved in their child’s life wherever possible.
For more detailed information about how these orders work and the legal framework behind them, you can read the official definition of a Prohibited Steps Order in the Children Act 1989. If you want to understand more about the process for applying for such an order and how it relates to Parental Responsibility, further guidance is available.
Related Legal Orders and Measures
When considering a child’s welfare, a Prohibited Steps Order is just one of several legal tools available to parents, guardians, and the courts. Understanding how it fits alongside other orders can help you decide the best way to protect your child’s interests.
Specific Issue Orders
A Specific Issue Order is another type of court order often used in family law. While a Prohibited Steps Order is designed to prevent someone with parental responsibility from taking a particular action regarding a child, a Specific Issue Order is used to resolve a particular dispute about a child’s upbringing. For example, if parents cannot agree on which school their child should attend, or whether they should receive certain medical treatment, the court can issue a Specific Issue Order to make a binding decision.
Both orders are set out in the Children Act 1989, which lays the foundation for most child welfare decisions in England and Wales. The key difference is that Prohibited Steps Orders stop a certain action, while Specific Issue Orders direct that a particular action must be taken.
Emergency Protection Orders
In urgent situations where a child is at immediate risk of harm, the court may issue a Child Emergency Protection Order. These orders are typically sought by local authorities or the police when there is a need to remove a child from a dangerous environment or to prevent someone from having contact with the child. Emergency Protection Orders are outlined in detail under Emergency Protection Orders in the Children Act 1989.
Unlike Prohibited Steps Orders, which usually deal with specific parental actions (such as preventing a parent from taking a child abroad), Emergency Protection Orders provide immediate, short-term protection for a child in crisis. They are usually granted for a maximum of eight days, with the possibility of extension in exceptional circumstances.
How Prohibited Steps Orders Fit Into Child Protection
Prohibited Steps Orders are part of a broader child protection framework. They are often used alongside other measures to ensure a child’s safety and wellbeing. For example, a Prohibited Steps Order might be included as part of a Child Protection Plan if there are concerns about a parent making decisions that could put the child at risk.
While Emergency Protection Orders offer immediate intervention, and Specific Issue Orders resolve particular disputes, Prohibited Steps Orders are about preventing actions that could harm the child or disrupt their stability. The court always considers the child’s best interests and will only make an order if it is necessary to protect their welfare.
Choosing the Right Order
If you are unsure which type of order is most appropriate for your situation, it can help to look at the specific issue you are facing:
- To prevent a particular action (like removing a child from school or taking them abroad without consent): consider a Prohibited Steps Order.
- To resolve a disagreement about a one-off issue (such as medical treatment or schooling): consider a Specific Issue Order.
- If a child is at immediate risk of harm and urgent action is needed: an Emergency Protection Order may be necessary.
For more information on the legal definitions and processes involved, you can refer directly to the Children Act 1989 for Specific Issue Orders and Emergency Protection Orders.
Understanding these different legal orders can help you make informed decisions and ensure your child’s welfare is always the top priority. If you believe your child may need protection, seeking legal advice or support from your local authority is strongly recommended.
