Prohibited Steps Order(s)

Prohibited Steps Orders

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What is a Prohibited Steps Order?
Who can apply for a Prohibited Steps Order?
Are there any situations where a Prohibited Steps Order wouldn’t be granted?
What form would I use, to apply to the courts for a Prohibited Steps Order?
Applying to court
Finding your local family court
Support

What is a Prohibited Steps Order?

Prohibited Steps Orders relate to restricting Parental Responsibility. If a parent has parental responsibility, then he or she has the right independently to take decisions about matters such as schooling, medical treatment, and religion. A Prohibited Steps Order can remove a parent’s right to make such decisions about their child’s life.

This type of order may also be used to prevent a parent from removing their children from the jurisdiction of the Court (England and Wales). In these circumstances, and if you are worried your ex-partner may seek to unlawfully take the children abroad, you should ask for the children’s passports to be seized when you make your application for a Prohibited Steps Order.

Who can apply for a Prohibited Steps Order?

Any parent, guardian or holder of a Residence Order in relation to the children can apply for a Prohibited Steps Order.

Are there any situations where a Prohibited Steps Order wouldn’t be granted?

There is one restriction: the Court cannot make a Prohibited Steps Order where a Residence or Contact Order could address the issues that prompted the application.

As an example, if you were wishing to prevent your ex-partner from having face-to-face contact with your children due to concerns that the children could suffer abuse, you should apply for a Residence Order, and a Contact Order restricting the type of contact to indirect contact.

Prohibited Steps Orders only relate to restricting the exercise of parental responsibility (e.g. medical matters, education, parents taking the children abroad, religious matters etc).

The Court’s willingness to grant the order will depend on the circumstances presented to them and what the Court considers to be in the children’s best interests.

What form would I use, to apply to the courts for a Prohibited Steps Order?

You would use Form C100, which you can download on our Court Forms page.

Applying to court

If you are using a solicitor, they will do this for you. Otherwise, download and complete the Form C100. Print and sign three copies of the form.

Check how much the court fees are, and either take a cheque, postal order or cash for that amount when you go to your local family court.

It will assist both you and the judge if you write a brief ‘Position Statement’. Try to keep the position statement to two to three pages, setting out briefly why you are applying for a prohibited steps order, and why you believe it to be in the children’s best interests. Be factual, and try to be objective in what you write, and the language you use.

A position statement is not essential, but it helps inform the judge, briefly and ideally succinctly, why you are applying for the order, and can assist you in court so you do not forget any points you wish to raise.

Before setting off for the court building, ensure you have with you:

a] Three completed and signed copies of the forms;

b] The cash, cheque or postal order to pay the court fee;

c] Three copies of your Position Statement.

Hand in the court forms, fee and position statement to the court’s administration department.

Finding your local family court

You can use HMCS Court Finder to do this. Once on that website, enter in your region under ‘Court Region Search’. Then make sure that ‘Court Work Type Search’ is set to ‘Family Work’. Then search under ‘Court Type’ and do a search first on ‘Combined Crown and County Court’, then ‘County and Magistrates Court’, and then ‘County Court and District Registry’. Choose the court which is closest to where you or your children live and print the details.

Support

The Custody Minefield offers support forums where you can ask our team of experienced support staff questions about family law, the courts and separation. Collectively, we have answered more than 10,000 posts on other family law related support forums. Visit our Support Forum Page on The Custody Minefield website to find out how to register.

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