What is a Prohibited Steps Order?
- PAPA
- May 1
- 7 min read
Navigating family law can be an overwhelming experience, especially when it involves children's welfare.
One critical legal tool is the prohibited steps order.
These orders play a significant role in protecting children during family disputes.
Understanding their purpose, the process of obtaining them, and the implications can empower parents to ensure their child’s best interests are prioritised.
This article will delve into prohibitive steps orders, their applications, processes, and consequences, providing clear insight for those in need.
If you're currently being kept from your children then it's strongly recommended that you join PAPA Plus and complete our courses, which will help you through the process.
If you are looking for direct help and support, you can also book a call with PAPA here.
A Breakdown of the Prohibited Steps Order
A prohibited steps order is a legal directive issued by a UK court.
It is primarily used in family law cases to prevent a parent or guardian from taking specific actions regarding a child without first obtaining court approval.
The primary aim of this order is to safeguard the child’s welfare and ensure that significant decisions regarding their upbringing are made thoughtfully.
For example, such an order may stop a parent from:
Taking the child outside the UK without consent.
Moving the child away from family without consent.
Changing the child's surname.
Deciding on significant medical treatments without agreement.
These measures can be tailored to suit the unique circumstances surrounding each case, thus providing protection where necessary.
When Might a Prohibited Steps Order Be Used?
Prohibited steps orders are typically sought in situations where parents or guardians disagree over crucial decisions affecting a child's life. Common scenarios include:
Relocation Disputes: If one parent desires to move with the child to another city or country, the other parent might seek a prohibited steps order to prevent this relocation until the court has made a decision. For instance, in 2022, around 30% of cases involved one parent seeking to relocate.
Medical Decisions: If parents disagree on important medical treatments — for example, a life-saving surgery — one guardian might request an order to prevent the other from making decisions that could put the child’s health at risk.
Change of Name: If one parent wishes to alter the child’s surname — for instance, following a divorce — the other may apply for an order to maintain the child’s current surname until a formal decision is made.
Travel Restrictions: Concerns about a child being taken abroad without proper consent can lead to an application for a prohibited steps order. In such cases, parents often worry about a potential move to a country where they might have limited access to their child.
These orders are crucial for maintaining stability and protecting a child's best interests during parental conflicts.
Who Can Apply for a Prohibited Steps Order?
Individuals with parental responsibility for the child can apply for a prohibited steps order. Typically, this includes:
Biological Parents: Both mothers and fathers who have legal custody.
Adoptive Parents: Individuals who have legally adopted a child.
Guardians: Persons granted legal guardianship.
Others with Parental Responsibility: This may include stepparents or relatives fulfilling parental roles.
In cases of disagreement, individuals without parental responsibility can also apply, although their chances of success depend on the specific circumstances of the case.
How to Apply for a Prohibited Steps Order
The application process involves several critical steps:
1. Seek Advice/Guidance
Before applying, it is recommended to seek advice or guidance. the PAPA courses provide clarity on the procedure and you can talk with PAPA to help assess the likelihood of success.
2. Filing the Application
An application must be made to the Family Court, which includes:
Details about the applicant and the child.
Clear statement of the actions being prohibited and the reasons behind them.
Supporting evidence, such as documents or witness statements.
3. Mediation
The court often requires mediation as a first step. This provides an opportunity for parents to resolve disputes amicably without needing to go to court.
4. Court Hearing
If mediation does not resolve the issue, a court hearing is scheduled, allowing both parties to present their cases. The court will decide based on the child’s best interests.
5. Receiving the Order
If the court deems the order necessary, it will issue it along with directions for compliance.
Given the emotional nature of family disputes, effective preparation with a focus on the child's welfare is vital.
Factors Considered by the Court
The court takes several factors into account when deciding whether to grant a prohibited steps order, prioritising the welfare of the child. Key considerations include:
Best Interests of the Child: This is the most critical factor in all family law cases.
Parental Responsibility: The court evaluates how both parties can fulfil their parental responsibilities.
Current Arrangements: The living situation and schooling of the child can significantly influence decisions.
Parental Conflict: Previous conflicts between the parents, especially if they could impact the child’s stability, are also assessed.
Child's Views: If the child is mature enough, their opinions may be included in the decision-making process.
The court aims to balance parental rights with the need to protect the child’s well-being.
What Happens if a Prohibited Steps Order is Breached?
Violating a prohibited steps order can lead to significant consequences. If one parent breaks the order, the other can:
1. Seek Enforcement
The non-breaching parent may return to court to enforce the order. The court can impose penalties on the breaching parent, which may include fines or, in extreme cases, imprisonment.
2. Modify Existing Orders
A breach can lead to revising existing orders. The court may revoke the current order and issue a new one to better protect the child’s interests.
3. Impact on Future Decisions
Breaching the order can negatively affect the breaching parent's relationship with the child, influencing future custody decisions.
Thus, adhering to prohibited steps orders is vital. It not only maintains legal compliance but also fosters a healthy environment for the child's growth.
Alternatives to Prohibited Steps Orders
While prohibited steps orders provide essential protections, other options may be more suitable:
1. Residence Orders
Residence orders clarify where the child will live, which can reduce tensions between parents.
2. Contact Orders
Arranging clear visitation terms can minimise conflict and specify how often and when one parent can see the child.
3. Specific Issue Orders
These address particular disputes, such as differences over schools or extracurricular activities.
4. Mediation
Mediation is an effective method for resolving disagreements without court intervention, encouraging parents to collaborate and address issues constructively.
Each alternative should be evaluated in light of the child's best interests, facilitating a cooperative atmosphere that acknowledges the needs of both parents and the child.
Understanding the Importance of Prohibited Steps Orders
Grasping prohibited steps orders is essential for anyone involved in family law disputes.
These legal tools are crucial for ensuring children's safety during challenging family dynamics.
Recognising their applications, processes, and the consequences of breaches can empower parents to advocate effectively for their children's well-being.
Additionally, exploring alternative options can lead to more amicable resolutions.
These alternatives encourage cooperation, helping parents reach agreements in the best interests of their children.
Whether through court proceedings or mediation, the well-being of the child must always remain the top priority.
Understanding these complexities enables parents to make informed decisions that contribute positively to their children's lives.
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