Prohibited Steps Order, simply speaking, is a legally binding order that prevents a parent from carrying out certain parental responsibilities.
When to apply for a prohibited steps order?
In matters where parents cannot agree on specific issues, a prohibited steps order may be granted by the Court to prevent either parent from carrying out certain acts or making decisions in relation to the child without the express permission of the Court.
A Prohibited Steps Order is made under Section 8 of the Children Act 1989. Some examples of a Prohibited Steps Order are as follows:
Removing the child from the jurisdiction of England and Wales;
Removing the child from their home or local area;
Removing the child from their nursery/school;
Changing the child’s surname;
Decisions in respect of medical treatment for a child.
How to apply for a prohibited steps order?
An application for a Prohibited Steps Order can be made with the Family Courts. A C100 application form will need to be filed with the Family Court and it must show that you have attempted mediation (unless domestic violence is involved).
Once the application has been issued by the courts the matter will then be listed for a First Hearing Dispute Resolution Appointment.
What do the courts consider when granting a prohibited steps order?
The courts will consider the welfare of the child as its main priority. The court must be satisfied that it is within the child’s best interest for the order to be made. Both resident and non-resident parents may apply for a Prohibited Steps Order.
When thinking about applying for a Prohibited Steps Order it is essential to talk to a family law solicitor as court proceedings can be a stressful process. A professional can help assist you with advice that’s best tailored to your situation and they can also assist with handling the court application process.
How we can help you in getting a prohibited steps order?
We offer a FREE initial consultation. Our aim is to assist families in finding the best possible solution to their problems.
We understand that parents who separate, divorce or dissolve their civil relationship may have ongoing issues between themselves including disagreements about how the resident or non-resident parent raises the children or where they are taken.
We advise our clients to get in touch as swiftly as possible if they are seeking help with child matters before the situation escalates; as it may be that a child is at risk of being removed from the jurisdiction whereby once removed it will become a lot more difficult and costly to have them returned to the jurisdiction. Thus, we take it in our stride to ensure measures are put in place to try and prevent any such problems from arising.
At NIDO Legal we provide bespoke family law advice to families from all across the United Kingdom. For expert legal advice on all childcare matters – including prohibited steps orders – contact us at 0333 300 3497.