Emergency procedures for children

Emergency prohibited steps and child arrangements orders

In certain circumstances it may be necessary to take urgent action in order to protect a child.

An application for any order under section 8 of the Children Act 1989 (ChA 1989) (a prohibited steps order, specific issue order or child arrangements order) may be made without notice (ex parte). It should be noted however that an order will only be made in exceptional circumstances and on strong evidence. The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 set out the circumstances in which an application may be made without notice in FPR 2010, PD 18A, and this includes cases where there is exceptional urgency.

FPR 2010, PD 12B (the Child Arrangements Programme) sets out the procedural requirements to be followed for urgent and without notice applications for orders under ChA 1989, s 8. It provides that without notice orders should be made only exceptionally and where the specified criteria is met.

A without notice application for a prohibited steps order or child arrangements order should be made on Form C100 (if a free-standing application),