Part 5: 'Children Act' Series - Prohibited Steps Orders

What is a Prohibited Steps Order?

A Prohibited Steps Order is a type of order under Section 8 of the Children Act 1989. It is used to prevent one parent or guardian from taking specific actions concerning a child without the consent of the court, or the other party. The order aims to protect the child's welfare by restricting a parent’s ability to make decisions or undertake activities that could potentially harm the child's well-being. This order is particularly useful in situations where there is a risk of unilateral actions being taken that could negatively impact the child.

Who can apply for a Specific Issue Order or a Prohibited Steps Order?

Only the following people can apply for an order without the court’s permission:

• a parent or guardian of the child

• any person with parental responsibility for the child

• any person who is named, in a Child Arrangements Order that is in force with respect to the child, as a person with whom the child is to live

Any other person will require to the court’s permission to proceed.

What factors will the court consider before making an order?

The court’s primary focus is the welfare and best interests of the child. The court will then consider various factors, such as:

• the child's wishes and feelings (depending on their age and understanding)

• the child's physical, emotional, and educational needs

• the potential impact of any changes on their well-being

• the child’s age, sex, background and any characteristics which the court considers relevant

• any harm the child has suffered or is at risk of suffering

• the capability of each parent to meet the child's needs

• the range of powers available to the court in the proceedings in question

It is important to note that none of the factors will determine the outcome of an application in isolation. They will all be considered subject to the facts of each individual case.

Here at Lawson West, we have a team of dedicated family solicitors who can assist you. Contact us for more information, or for a no obligation initial discussion about your circumstances.

If you believe you have a situation where you require legal advice, please contact us on telephone 0116 212 1000 or 01858 445 480, alternatively complete the free Contact Us form and we will get in touch as soon as possible.

View all