Prohibited Steps Order

A Prohibited Steps Order is a type of Court Order in family proceedings. It prevents someone (usually one of the child’s parents) from making specific decisions relating to the child without the Court’s permission.

If you need advice on making an application for a Prohibited Steps Order or any other family law issue, our team of specialist family law solicitors are ideally placed to assist. With decades of experience in family law and practice, you can be confident of receiving the very best legal support together with exceptional client care.

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What Is A Prohibited Steps Order?

A Prohibited Steps Order is a form of Court Order known as an ‘injunction’. Injunctions expressly prohibit the subject from taking specific actions. In the case of Prohibited Steps Orders, the subject is usually a parent, and the steps they are prohibited from taking relate to their child.

Examples of the types of issues a Prohibited Steps Order may prevent a parent from taking include the following:

Relocating with the child.
Taking the child on holiday.
Changing the child’s school.
Changing the child’s surname.

Who Can Apply For A Prohibited Steps Order?

Anyone with parental responsibility for the child can apply for a Prohibited Steps Order.

If you don’t have parental responsibility, for example, you are a stepparent or grandparent of the child, you may still be able to obtain a Prohibited Steps Order, but you’ll need to ask for the Court’s permission before you apply.

When Will The Court Grant A Prohibited Steps Order?

Judges have wide discretion when it comes to granting Prohibited Steps Orders. The Orders are not intended to punish the parent against whom they are made, but to protect the child. The child’s welfare will be the Judge’s overriding concern, and they will only make a Prohibited Steps Order if doing so would be in the child’s best interests.

For example, in cases involving an application for a Prohibited Steps Order to prevent relocation, examples of the concerns the Judge may seek to address include the following:

Why does the parent wish to relocate with the child?
Will the child be able to maintain a positive relationship with the parent left behind?
Will the child have an adequate support network in the proposed new location?

Prohibited Steps Orders are not appropriate tools for resolving day-to-day disagreements relating to the child’s upbringing, such as minor medical decisions. They are intended to address disputes over decisions that may have a fundamental impact on the child’s life.

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Examples of the types of situations that may persuade a Judge to make a Prohibited Steps Order include the following:

To prevent significant changes to the child’s upbringing.
To prevent the child from being relocated.
Where the parent making the decision has a history of irresponsible behaviour.

Given the seriousness of a Prohibited Steps Order, the applicant will need to produce significant evidence in support of their application. Our family law solicitors will review the circumstances of your case and advise on the likelihood of your application for a Prohibited Steps Order succeeding. If you decide to proceed, they will prepare the most robust case possible to present to the Judge.

Prohibited Steps Orders are often required on an urgent basis to prevent a parent from proceeding with a threatened course of action, such as relocation. In these cases, our family law solicitors take swift, decisive action. They may make you application ‘without notice’, meaning that the other party is not made aware of it and is not present at the hearing.

How Long Do Prohibited Steps Orders Last?

The Court may decide that the Order should last for a specific period, such as six months or a year, or that it should remain in place until a specific event. For example, an Order may remain in force until the child finishes their education.

Can You Challenge A Prohibited Steps Order?

Yes, the parent against whom a Prohibited Steps Order is sought can challenge the application. They might do so because they feel the Order is unnecessary, excessive, or not in the child’s best interests.

The Judge will take account of both sides’ arguments and seek to reach a balanced decision that protects the welfare of the child. They may decide to make the Order in the form applied for, make the Order but modify its terms, or refuse to make the Order at all.

What Happens If The Other Party Breaches The Prohibited Steps Order?

Prohibited Steps Orders are powerful remedies, and breaching them can carry severe consequences, including imprisonment.

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