Prohibited steps orders

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Notice of acting

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Produced in partnership with David Salter, deputy High Court judge and Recorder 9th Nov

Practice notes

Decree absolute—divorce

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Application to vary, extend or discharge a non-molestation or occupation order

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Grounds for judicial separation

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Drafting the terms of a financial consent order

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Capitalised maintenance—Duxbury calculations

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Practice notes

Emergency prohibited steps and child arrangements orders

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

9th Nov

Practice notes

The grounds on which a marriage is void

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Practice notes

Undefended divorce proceedings

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Void and voidable marriages

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Practice notes

Working with counsel

Instructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is to provide...

Produced in partnership with Ursula Rice of Family First Solicitors Ltd 9th Nov

Practice notes

Child Arrangements Programme—the procedure for section 8 applications

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

9th Nov

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In-house

Practice notes

Amended, supplemental and further petitions

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Precedents

Specimen statement of issues for a first appointment—financial remedy application

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Practice notes

The grounds on which a marriage is voidable

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General principles—lump sum orders

This Practice Note sets out the general principles to be applied by the court when considering whether to make a lump sum order within financial...

9th Nov

Most recent Prohibited steps orders content

Practice notes

Child Arrangements Programme—the procedure for section 8 applications

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

1st Dec

COVID-19

In-house

Practice notes

Change of name of a child

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

29th Nov

Q&As

Can a prohibited steps order be varied by agreement between two parents who each have parental responsibility and without the need for a formal application to be made to the court? If so, is it necessary to record such an agreement in writing?

Section 8(1) of the Children Act 1989 (ChA 1989) provides that a prohibited steps order is:‘…an order that no step which could be taken by a parent in...

Produced in partnership with Matthew Fletcher of 1 Garden Court Chambers 29th Nov

Practice notes

Leave to remove—external relocation

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

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Practice notes

Enforcing children orders (private law)

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

28th Nov

Practice notes

Emergency prohibited steps and child arrangements orders

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

28th Nov

Practice notes

Permission to apply for a section 8 order

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

28th Nov

Practice notes

Prohibited steps orders

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

28th Nov

Practice notes

Issuing private children proceedings in the Family Court

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28th Nov

In-house

Q&As

An application to the court for a section 8 order under the Children Act 1989 (ChA 1989) on Form C100 has been made. Included in this was a provision for a specific issue and prohibited steps. Directions have been agreed but matters have become urgent and an application for prohibited steps within the existing proceedings needs to be made. What application form is needed? Where proceedings have been issued seeking orders under ChA 1989, s 8, which form should be used to make an interim application for a prohibited steps order within those proceedings?

Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 18, supplemented by FPR 2010, PD 18A, sets out the procedure to be adopted for other...

28th Nov

Q&As

A final order has been made by lay justices under section 13 of the Children Act 1989. That order was appealed and the appeal was dismissed by a circuit judge. Is permission required for a second appeal and would that appeal be heard by the Court of Appeal as opposed to the High Court? If not what is the correct procedure?

Second appealsWhere an appeal from a first instance decision in a private children case has been determined, a party would require permission to bring...

Produced in partnership with Kyle Squire of 5 Pump Court 28th Nov

Q&As

Where it is proposed to relocate a child to Northern Ireland, is this considered an internal relocation or an external relocation?

Where one parent wishes to move and to take a child with them, absent the agreement of the other parent, it is necessary to seek the permission of the...

28th Nov

Q&As

In private law children proceedings under section 8 of the Children Act 1989, if a party is thought to lack capacity to litigate, is there guidance as to how the court would determine the issue of whether to appoint a litigation friend if that party refuses to comply with expert assessment?

A person must be assumed to have capacity unless it is established that they lack capacity (section 1 of the Mental Capacity Act 2005 (MCA 2005)). A...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 28th Nov

Q&As

Where a married couple have separated, and the mother wishes to take the child of the family to India for a period of up to 28 days, what steps must she take if the husband does not respond to her written request for his consent to the trip?

Trips abroad where the parents have separated can be significant flashpoints, particularly where there is a concern that the party may not return the...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Nov

Q&As

Where a father with parental responsibility (but who is not the biological father) has issued an application under the Children Act 1989, is he required to serve or give notice of the proceedings to the biological father?

A non-biological father may have parental responsibility by virtue of an adoption order or having acquired parental responsibility as a step-parent...

Produced in partnership with 28th Nov

Q&As

Where an order is sought preventing a named person, other than a parent, from having contact with a child, should that order be a prohibited steps order and should it be against the third party or against the resident parent?

A prohibited steps order (PSO) is defined in section 8 of the Children Act 1989 (ChA 1989) as:‘…an order that no step which could be taken by a parent...

28th Nov

Q&As

Where a party has been sectioned under the Mental Health Act 1983, but still has capacity, can they be served with court orders made under the Family Law Act 1996 and the Children Act 1989, by a process server, while they are in a hospital psychiatric unit?

In family proceedings, service of documents is governed generally by Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 6. FPR 2010, SI...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Nov

Q&As

What is the procedure to withdraw an application made on Form C100?

Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 29.4 provides that any application that relates to the welfare or upbringing of a child or where...

28th Nov

Q&As

What steps can be taken to enforce a specific issue order?

The method of enforcement to be employed in relation to a specific issue order is very much dependent on the nature of the order itself and on the...

28th Nov

Q&As

Where a child is taken, without consent, to Scotland from England, is this classed as an internal or an external relocation?

Section 13(1)(b) of the Children Act 1989 (ChA 1989) provides that where a child arrangements order is in force with respect to a child, no person may...

28th Nov

Scottish Law

Prohibited steps orders

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