Prohibited Steps Orders

You can apply for a Prohibited Steps Order if you have parental responsibility - the rights and duties of raising a child. People with parental responsibility can include:

• The child’s parents (parental responsibility is not the same as legal parenthood)
• The child’s guardian
• Anyone who has been granted residence in relation to the child

For more information about what parental responsibility is, who has it, and how you can acquire it, visit our Parental Responsibility page.

If you do not have parental responsibility, you may still be able to get a Prohibited Steps order, but you must apply for permission from court first. For example, if you are the father but you were not married to the mother before you split up and your name is not on the child’s birth certificate.

Grandparents do not typically have parental responsibility unless they have been granted residence in relation to the child through a Child Arrangements Order.

If your grandchildren do not live with you under a Child Arrangements Order, you will first need permission from the court to apply for a Prohibited Steps Order. We can provide practical advice if you are a grandparent and are worried about a decision that your grandchild’s parents want to make. For more general information, visit our Grandparents’ Rights page.

You cannot apply for a Prohibited Steps Order if the child is:

• Over 16 years old
• In the care of the local authority (social services)

You must complete a specific court form and file it along with extra copies to serve on the other person. We can handle the entire application process on your behalf, ensuring that all court documentation is completed to the highest degree of accuracy so there are no risks of delays.

The court will only make a decision that is in the best interests of the child. They will weigh up all the factors of the case, such as:

• The child’s physical, emotional and educational needs
• The child’s wishes and feelings (in the context of their age and understanding of the matter)
• The impact of any change in circumstances on the child
• The child’s age, sex, background and any other relevant characteristics
• Whether the parents or any other relevant person can meet the child’s needs
• Whether the child is at risk of harm
• All the powers the court has in relation to decisions about children

This list of considerations is called the ‘welfare checklist’.

If possible, the courts will encourage you and the other party to reach an agreement without the need for a court order.

If you need to urgently stop someone from making a decision about a child, for example, a decision about medical treatment, we can help you apply for an emergency Prohibited Steps Order.

An Emergency Prohibited Steps Order may be granted if there is ‘strong evidence or an imminent threat’. In these circumstances, an Order can be granted without notifying the other person, although a court hearing will be listed for later on. We can provide fast advice and help you apply for an emergency Prohibited Steps Order.

The Order will last for as long as the court says it should - usually a period of 6 or 12 months. Depending on the circumstances, the Order may last until a particular event, for example, until the child finishes their education.

A Prohibited Steps Order cannot last once the child turns 16 years old (or 18 years old if there are special circumstances).

There is a court fee for applying for a Prohibited Steps Order - currently this is £215.

There will also be the costs of your legal advice. We are upfront and transparent about our fees so you will have full control over how much you spend from the beginning of your matter. At your initial consultation we will provide you with an accurate quote. We will never go beyond this quote without talking to you first about what extra work is necessary.

If a parent takes a child outside of England and Wales without the permission of everyone with parental responsibility or the permission of the court, this could be child abduction.

As with other decisions about children, the court will consider what would be in the best interests of your child. If they decide international relocation would not be in the child’s best interests, they may make a Prohibited Steps Order to prevent them from being taken abroad.

If it would not be in your child’s best interests to meet your former partner’s new partner, the court may make a Prohibited Steps Order.

It is important to think carefully about applying to court over a former partner’s choice to introduce your child to a new partner. If possible, we can help you negotiate a suitable outcome with your former partner, using alternative dispute resolution methods such as mediation or collaborative law where appropriate.

If this does not work or there are other concerns, such as issues of domestic violence, we can provide clear, practical advice about applying to court.

Prohibited Steps Orders can help protect children who are at risk of domestic violence and/or where it is not appropriate for co-parents to negotiate effectively because of domestic abuse concerns.

For example, a Prohibited Steps Order could prevent a parent from taking their child from school or nursey without consent. Without the Order, the school or nursery would not be able to say no if the abusive parent tried to take their children away.