Prohibited Steps Order | Read Time 2-4 Minutes.
What is a prohibited steps order?
A prohibited steps order is a type of court order used in family and child disputes. One parent can use this order to stop the other from making decisions about the child’s life and upbringing. Essentially, this type of order defines what a parent can or cannot do in relation to their parental responsibility over a child.
Who can apply for this order?
Any person who has parental responsibility for a child can apply for a prohibited steps order. For example, this could be a parent, step-parent, guardian or special guardian. You can also apply if you do not have parental responsibility. However, you’ll first have to apply to the courts for their permission.
What decisions can a prohibited steps order prevent?
- A parent from changing a child’s school
- The child being around another person such as a new partner
- The parent from moving the child abroad
- Any form of name change
- Some forms of medical treatment that could pose a threat to the child’s safety
How do I apply for a prohibited steps order?
You can apply through the use of a C100 form, a child arrangement form used in most child arrangement cases. Prohibited steps orders are emergency orders that are made without notice to the other party. This essentially means that the respondent wont need to be in attendance to the initial court hearing.
In most cases, the person who is applying to the court will also need to prove that they have attempted mediation prior to their application. Any form of court order will need to be the last resort, and all other methods will need to have been attempted.
You can apply with or without the assistance of a lawyer. However, it will be beneficial for you, in the long run, to have a lawyer on your side to avoid any confusion or issues down the line.
what will the court consider when making their decision?
Like with all forms of legal child arrangements, the court will always put the needs of the child above anything else. Therefore, when making it’s decision, the court will consider the child’s health, safety and wellbeing.
Beyond this, the court will also look at the parent who has the majority of the child custody and will look at their needs and requirements. It’s important for the court to understand why the order is being made, and that it’s being made for the right reasons.
How long does a prohibited steps order last?
A prohibited steps order will last for a specific period of time that is outlined by the court.
However, the court order can also last until an agreed date. For example, a parent might not be able to change their child’s school until their education is completed.
It’s also important to know that this type of order can only last until the child reaches the age of 16, unless there is a particularly special circumstance, in which case the order can be valid until the age of 18.
Why might i need a lawyer?
You may want to discuss your situation with a lawyer before you set anything in stone. Whilst you can apply for a prohibited steps order alone, a lawyer will be able to efficiently guide you through the process and ensure that no mistakes are made.
We can book you in for an untimed initial consultation with one of our partners today, to get your prohibited steps order under way.