14th November 2024 ❘ Legal News and Commentary
Family Law FAQs – What is a Prohibited Steps Order and when can you apply for one?
Our Family team has put together answers to some of its most frequently asked questions and we’ll be sharing them over the course of the coming months. We continue the series with this…
What is a Prohibited Steps Order and when can you apply for one?
A Prohibited Steps Order is an order which prevents a parent from taking certain actions without the other parent’s consent when exercising their Parental Responsibility (“PR”), for example: changing a child’s school or name, relocating the child to another part of the country or overseas, deciding or changing the child’s religion, or choosing a particular course of medical treatment for a child.
To apply for a Prohibited Steps Order you must have PR for the child which the application relates to or if you do not have PR, you must have the court’s permission to make the application. You must believe that there is a real risk that the other parent is about to take action relating to the child without your consent and have evidence of the other parent’s intention.
Before applying for a Prohibited Steps Order, you must normally have attempted some form of Non-Court Dispute Resolution (NCDR) or at least have attended a MIAM. There are however circumstances where an exemption will apply, and the application can be made without having attended a MIAM or attempted NCDR.
If there is an immediate risk and an urgent need for an order, you can ask the court to make an order without notice to the other party. An order will only be made in exceptional circumstances and will be for a limited duration until the court can have a full hearing with all parties present.
To apply for a Prohibited Steps Order you would need to complete a Form C100 and we would recommend seeking legal advice before proceeding with your application. Unless you are eligible for Help With Fees, there is a Court fee of £255 to pay when submitting your application.
When considering an application for a Prohibited Steps Order, the Family Court will consider the effect of the proposed action on the child and what is in the best interests of the child and will weigh up all the relevant factors within the Welfare Checklist under s.1(3) of the Children Act 1989.
If granted, a Prohibited Steps Order will usually last for a period of six months to a year. However, in certain circumstances an order can be made for a much longer period if the court deems it necessary. Orders of this kind will only apply to children who are under the age of 16.
If you are seeking advice relating to a children matter, then please feel free to get in touch with us on 01228 552222 or email hello@burnetts.co.uk and ask to speak to a member of our Family team to set up an appointment.