Prohibited Steps Orders
The Custody Minefield Factsheets –
Smartphone Series (optimised for smartphone users). Copyright Michael Robinson
2010.
What is a
Prohibited Steps Order?
Who can apply for a Prohibited Steps
Order?
What form would I use, to apply to the
courts for a Prohibited Steps Order?
Finding your local family court
What
is a Prohibited Steps Order?
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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?
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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?
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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?
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You would use Form C100,
which you can download on our Court Forms page.
Applying to court
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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 <Back to Top>
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 <Back to
Top>
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.