Prohibited Steps Orders are designed to protect children and ensure their wellbeing. This blog post will explore what Prohibited Steps Orders are, when they’re used, and their implications for families and caregivers.
What is a Prohibited Steps Order?
A Prohibited Steps Order is a court order that prevents someone from taking certain actions in relation to a child without the other parent or court’s permission. It’s one of several types of orders that fall under the umbrella of “Section 8 orders” in the Children Act 1989.
When Are Prohibited Steps Orders Used?
Prohibited Steps Orders can be used in various situations where there’s a concern about a specific action that might be taken regarding a child. Some common scenarios include:
- Preventing a parent from removing a child from the country
- Stopping a parent from removing the child from school or nursery without agreement
- Prohibiting a parent from changing a child’s name
- Preventing certain medical procedures or treatments
Who Can Apply for a Prohibited Steps Order?
Typically, those with parental responsibility can apply for a Prohibited Steps Order. This usually includes:
- The child’s parents
- Legal guardians
- Anyone with a Child Arrangements Order stating the child lives with them
In some cases, others may apply with the court’s permission, such as grandparents or step-parents.
The Application Process
To obtain a Prohibited Steps Order, an applicant must:
- File a C100 application with the family court;
- Provide evidence supporting the need for the order, such as a statement.
Following receipt of the application, the Court will list the matter for a hearing to see if the respondent agrees or wishes to contest the application.
If the order is agreed, then the matter can be concluded unless there are further issues. However, if the matter is not agreed between the parties, a further contested hearing will be listed.
Within such matters, the Court’s primary consideration will always be the child’s welfare and will look to determine the issue based on what is in the child’s best interests.
Duration and Enforcement
Prohibited Steps Order can be temporary or long-term, depending on the circumstances. They remain in force until:
- The order expires (if a time limit was set);
- The child turns 16 (or 18 in exceptional cases); and or
- The court discharges the order.
Breaching a Prohibited Steps Order is considered contempt of court and can result in serious consequences, including fines or imprisonment.
Restrictions on making a Prohibited Steps Order
The court shall not make a Prohibited Steps Order which is to have effect for a period which will end after the child has reached the age of 16 unless it is satisfied that the circumstances of the case are exceptional. Also, the court cannot make a Prohibited Steps Order when the child is in the care of the local authority.
Impact on Families
While Prohibited Steps Orders can provide crucial protection for children, they can also create tension within families. They’re not intended to be punitive but rather to safeguard children’s wellbeing. Courts encourage parents to communicate and cooperate whenever possible.
Conclusion
Prohibited Steps Orders are a vital tool in offering protection for children in various situations. However, they should be sought only when necessary, as open communication and agreement between parties is always preferable when it comes to childcare arrangements.
If you’re considering applying for a Prohibited Steps Order or have had one issued against you, it’s crucial to seek legal advice to understand your rights and responsibilities fully.
At Consilia Legal we have a wealth of experience in family law. To speak to one of our award-winning family law solicitors, you can call 0113 322 9222 or email enquiries@consilialegal.co.uk