A ‘Prohibited Steps Order’ is an order which will prevent a parent or individual with parental responsibility from taking a particular course of action without the consent of in absence of the Court’s consent. A Prohibited Steps Order can be obtained to cover a multitude of issues specific to your personal circumstances, which can include but are not limited to, the removal of a child from the UK, the change of a child’s name, or school, decisions relating to the medical treatment a child receives, and also decisions as to the religion that a child is to follow, or individuals that a child may come into contact with.

A ‘Prohibited Steps Order’ can be only made, not only to prevent a particular action from being taken, but can also specify how a particular action is to be performed, outline conditions for an individual to comply with. The Court also possesses power to make supplementary Order’s which they find appropriate considering the circumstances at hand.

A Prohibited Steps Order can be obtained to cover a multitude of issues specific to your personal circumstances, which can include but are not limited to, the removal of a child from the UK, the change of a child’s name, or school, decisions relating to the medical treatment a child receives, and also decisions as to the religion that a child is to follow, or individuals that a child may come into contact with.

In deciding whether to grant a ‘Prohibited Steps Order’ the Court will consider a range of factors. When considering to make an Order against a parent, the Court will presume that parental involvement in a child’s life will be beneficial unless there is a risk of harm to the child.

The Court will grant a ‘Prohibited Steps Order’ where they have established that making an Order would be more beneficial to the child as opposed to the absence of an Order.  This is known as the ‘no Order’ principle.

The Court will then consider the factors outlined within Section 1 of the Children’s Act 1989. Firstly, the Court will consider the welfare of the child, this is the ‘paramount interest’ of the Court.

The Court will also consider the factors within the ‘statutory checklist’ in Section 1(2) of the Children’s Act 1989 which will include, the child’s individual physical and emotional needs, needs in relation to education, the ‘wishes and feelings of the child’, the age of the child, risk of any harm, the capability of the child’s parent to meet the needs of the child.

Whilst an application for a ‘Prohibited Steps Order’ can be made on a non-emergency basis, in certain exceptional circumstances, such as if there is a serious risk of harm to the child, it will be possible to make an application for a ‘Prohibited Steps Order’, without notifying the other parent.

This will be useful if you believe that notifying the party subject to the proceedings may be counterproductive to the Order itself, or if the Order is of an urgent nature, for example, if you are worried your child might be removed from the UK or alternatively, if notification of your application would place the child in risk of danger.

Should the matter be of an urgent nature, please contact our specialist team of legal advisers who will be able to assess the matter and provide you with comprehensive advice as to how you should proceed.