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Prohibited Steps Orders

A Prohibited Steps Order prevents a parent from taking a specific action without the court's permission.

Common examples include:

Applications may be urgent.

Purpose of a Prohibited Steps Order

A Prohibited Steps Order is designed to prevent a particular step being taken in relation to a child unless the court permits it. The order is often sought where one parent believes that an imminent decision or action may place the child’s welfare, stability or arrangements at risk. Although the underlying dispute may be highly personal, the court’s focus remains the child’s welfare and whether an order is necessary in the circumstances of the case.

Common examples include removing a child from school, changing a child’s residence and taking a child abroad. Depending on the facts, the application may also concern enrolment at a different school, removal from a locality, a change in surname, or other steps said to affect the child significantly. The purpose of the order is not to resolve every disagreement between parents, but to restrain a specific step that should not be taken without judicial scrutiny.

When Applications Arise

Applications may be urgent. Urgency often arises where a proposed step is imminent, such as planned travel, a school change, or a threatened move. In those circumstances, careful preparation remains important even where time is short. The court will usually need a clear explanation of what is proposed, why the order is said to be necessary, and what impact the disputed step may have on the child.

Representation may be needed by a parent seeking the order or by a parent responding to an urgent application. In some cases there may also be related issues concerning existing child arrangements, parental responsibility, travel documents or previous orders. A focused presentation of the factual background, the immediate concern and the practical consequences of the disputed action can be central to the court’s decision.

Approach and Preparation

These cases often depend on careful identification of the precise step in issue. Broad disagreement between parents is rarely enough on its own. The application usually needs to show why the particular proposed action should be prevented pending further order or a full hearing. That may involve preparing evidence about the child’s current arrangements, the history between the parties, the practical impact of the proposed step and any urgency that requires swift judicial intervention.

The approach taken is clear, measured and child-focused. Where the facts allow, the objective is to present the dispute in a way that assists the court in identifying the real issue, making a workable order and preserving the child’s stability pending longer-term decisions if required.

Direct Access and Litigation

Instructions may be accepted under the Public Access scheme.

Where authorised, litigation may be conducted without separate solicitor involvement where appropriate.

Acting Throughout England & Wales

Representation is provided nationwide.

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