What is a prohibited steps order?
A prohibited steps order (s8(1) of the Children Act 1989) is an order that prohibits someone with parental responsibility from doing certain things or exercising certain elements of their parental responsibility, unless they have the other parent’s consent or permission from the court.
What can be covered by a prohibited steps order?
Things that can be prohibited in a prohibited steps order include:
- Changing a child’s surname.
- Removing a child from school.
- Removing a child from the other parents care.
- Removing a child from the country.
- Allowing the child to undergo certain medical treatment.
Who can apply for a prohibited steps order?
If you have parental responsibility over the child in question, you can apply for a prohibited steps order.
If you do not have parental responsibility, you must apply for the court’s permission to do so.
How to apply for a prohibited steps order
If you are applying for a prohibited steps order, you need to consider mediation and must attend a Mediation Information and Assessment Meeting (MIAM) unless you are exempt. For example, if you are a victim of domestic abuse, you may be exempt from the requirement to attend a MIAM. Evidence of the exemption needs to be filed with the application.
To apply for a prohibited steps order, the form C100 needs to be completed and filed with the court.
After the application has been issued, a Children and Family Court Advisory and Support Service (CAFCASS) officer will speak with the parties to determine whether an agreement can be reached. If an agreement cannot be reached, CAFCASS will produce a safeguarding letter which will be considered by the Judge when making their decision.
There will be a hearing listed during which the applicant and respondent make their arguments. The welfare checklist (s1 (3) of the Children act 1989) will be considered by the court throughout the hearing to determine whether making the prohibited steps order will be in the child’s best interests.
Applications for prohibited steps orders can often be classed as an emergency and an order can be made without notice to the respondent, meaning they will not be required to attend the hearing.
How long do prohibited steps orders last?
A prohibited steps order normally lasts between six months to a year but can be for any period specified by the court. The order cannot last past the child reaching 16 years of age unless there are circumstances set out in the order meaning it can last until they are 18.
A prohibited steps order cannot be relaxed by an agreement between the parties. Only the court can do this.
What happens if I don’t comply with a prohibited steps order?
A prohibited steps order is binding. Failure to comply can be seen as contempt of court and carries a potential penalty of a fine, or even imprisonment.
When a prohibited steps order has been breached, the other party can apply to the court to enforce the prohibited steps order
If you require any assistance in obtaining or resisting a prohibited steps order, contact clerks@anvilchambers.co.uk