Prohibited steps orders

View Family by content type:

News

Practice notes

Precedents

Q&As

Latest Family News

Court of Appeal denies journalist’s request for extensive access to court papers (Newman v Southampton City Council)

The following Family news provides comprehensive and up to date legal information on Court of Appeal denies journalist’s request for extensive access to court papers (Newman v Southampton City Council)

Powers available to local authorities to facilitate applications for settled status for looked after children in the absence of parental co-operation (W and Re Z (EU Settled Status for Looked After Children))

Powers available to local authorities to facilitate applications for settled status for looked after children in the absence of parental co-operation (W and Re Z (EU Settled Status for Looked After Children))

Court of Appeal provides step-by-step guidance on determining whether a European regulation forms part of UK domestic law and sets out how to analyse the impact of the EU-UK Trade and Cooperation Agreement and the European Union (Future Relationship) Act 2020 (Lipton v BA City Flyer Ltd)

Court of Appeal provides step-by-step guidance on determining whether a European regulation forms part of UK domestic law and sets out how to analyse the impact of the EU-UK Trade and Cooperation Agreement and the European Union (Future Relationship) Act 2020 (Lipton v BA City Flyer Ltd)

The test to discharge a special guardianship order (Re M (special guardianship order—leave to apply to discharge))

The following Family news provides comprehensive and up to date legal information on The test to discharge a special guardianship order (Re M (special guardianship order—leave to apply to discharge))

Featured Family content

Notice of acting

Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...

Private children—paramountcy of the child's welfare

The paramountcy principleWhen any court determines any question with respect to:•the upbringing of the child, or•the administration of the child's...

Pension attachment orders

The power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of sections 25B–25D of the...

The no order principle

This Practice Note explains the no order principle contained in section 1(5) of the Children Act 1989 (ChA 1989). It explains when the principle...

Practice notes

Sequestration (confiscation of assets) within contempt proceedings

Sequestration is a process for dealing with a contempt of court that would be otherwise punishable by a committal under which the assets of the...

Produced in partnership with David Salter, deputy High Court judge and Recorder 12th Jan

Practice notes

Decree absolute—divorce

Online divorceWhere a divorce is proceeding via the online service note that while rules relating to divorce proceedings are generally to be found in...

9th Nov

Practice notes

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

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

COVID-19

Practice notes

Grounds for judicial separation

Applications for judicial separation are relatively rare in practice. It may arise where the client has strong religious and or cultural reasons for...

9th Nov

Practice notes

Drafting the terms of a financial consent order

This Practice Note sets out the basic principles to be applied when drafting a financial consent order including the preparation and structure of the...

9th Nov

Practice notes

Capitalised maintenance—Duxbury calculations

The basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify the capital sum required to meet a periodical...

9th 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...

9th Nov

Practice notes

The grounds on which a marriage is void

A void marriage is one that will be treated by the court as never having taken place. The grounds on which a marriage will be void are set out in...

9th Nov

Practice notes

Undefended divorce proceedings

Online divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public acting as litigants in person....

9th Nov

Practice notes

Void and voidable marriages

The Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars preventing the grant of a decree...

9th Nov

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 12th Jan

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

COVID-19

In-house

Practice notes

Statements of truth in family proceedings

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners when considering an...

9th Nov

Practice notes

Amended, supplemental and further petitions

The distinction between an amended petition, a supplemental petition and a further petitionWhere it is necessary in some way to amend a petition...

9th Nov

Precedents

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

In the Family Court sitting at [location][Case No]Between1[insert name] ApplicantAnd2[ insert name] RespondentStatement of issues for the First...

9th Nov

Practice notes

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

Issuing private children proceedings in the Family Court

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

1st Apr

In-house

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 Apr

COVID-19

In-house

Practice notes

Leave to remove—internal relocation

Internal relocationInternal relocation cases are cases in which one parent seeks to move with their child to another part of the UK, and the other...

31st Mar

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...

25th Feb

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...

13th Feb

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 13th Feb

Q&As

If the whereabouts of the respondent to an application under section 8 of the Children Act 1989 are unknown what steps should the applicant take regarding service?

The rules in respect of private law proceedings relating to children are largely contained in Part 12 of the Family Procedure Rules 2010 (FPR 2010),...

13th Feb

Q&As

An application to the court for a section 8 order under the Children Act 1989 on Form C100 has been made. Included in this was 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 section 8 of the Children Act 1989 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...

13th Feb

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 13th Feb

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 Tori Adams of 4 King’s Bench Walk 12th Feb

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...

12th Feb

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...

12th Feb

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...

17th Jan

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...

17th Jan

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...

17th Jan

Q&As

Where a child has been removed by one parent from one part of England and Wales to another part and the other parent objects what type of application should be made for the return of the child?

There are three orders which potentially may be used to regulate internal relocation:•a condition imposed on a child arrangements order (CAO) pursuant...

Produced in partnership with Kirstie Danton of St Ives Chambers 8th Jan

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 8th Jan

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 8th Jan

Q&As

Where the parent of a 16-year-old child wishes to take the child out of the jurisdiction for a holiday in France and the other parent refuses to give their consent, can the child be taken on holiday without the other parent’s consent or is leave of the court required? How would the court approach an application for a specific issue order in relation to a 16-year-old child?

This Q&A considers whether a parent (‘the holidaying parent’) may take a child out of the jurisdiction of England and Wales if the other parent...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

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 8th Jan

Prohibited steps orders

View Family by content type:

Latest Family News

Court of Appeal denies journalist’s request for extensive access to court papers (Newman v Southampton City Council)

Powers available to local authorities to facilitate applications for settled status for looked after children in the absence of parental co-operation (W and Re Z (EU Settled Status for Looked After Children))

Court of Appeal provides step-by-step guidance on determining whether a European regulation forms part of UK domestic law and sets out how to analyse the impact of the EU-UK Trade and Cooperation Agreement and the European Union (Future Relationship) Act 2020 (Lipton v BA City Flyer Ltd)

The test to discharge a special guardianship order (Re M (special guardianship order—leave to apply to discharge))

Featured Family content

Notice of acting

Private children—paramountcy of the child's welfare

Pension attachment orders

The no order principle

Most recent Prohibited steps orders content

Popular documents

Escrow accounts and escrow agreements

Introduction to passing off

The Money Laundering Reporting Officer (MLRO)—duties

Tort—the different types of tort

Contact Us

Popular Links

Policies

Follow us