GLOSSARY
Prohibited Steps Order
/prə(ʊ)ˈhɪbɪtɪd/ /stɛp/ /ˈɔːdə/
Definition
A prohibited steps order is an order providing that no step which could be taken by a parent in meeting their parental responsibility for a child, and which is of a kind specified in the order, shall be taken by any person without the consent of the court.
Family
An order of the court preventing a person from taking some action involving a child.
Section 8(1) of the Children Act 1989 defines such as "(an order stating that) no step which could be taken by a parent in meeting his parental responsibility for a child and which is of a kind specified in the order, shall be taken by any person without the consent of the court". Such orders can however be made against a parent or any other person. They are typically concerned with a single, specific issue.
View the related practice notes about Prohibited Steps Order
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 England and Wales during the coronavirus (COVID-19) pandemic and until further notice, which affects normal practice, including provision for some family hearings to be dealt with remotely. For details about the changes to court processes and procedures during this time, see Practice Note: Coronavirus (COVID–19)—news and resources for family lawyers. In addition, the Coronavirus (COVID-19) toolkit provides easy access to news, practical guidance and Q&As from across a number of Practice Areas (subject to subscription).With particular regard to private law children proceedings during the coronavirus (COVID-19) pandemic guidance has been released by the President, Cafcass and Her Majesty’s Courts and Tribunals Service (HMCTS), for full details see Practice Note: Child Arrangements Programme—the procedure for section 8 applications—The procedure for section 8 applications—COVID-19.Prohibited steps ordersA prohibited steps order is: '… an order that no step which could be taken by a parent in meeting his parental responsibility for a child, and which is of a kind specified in the order, shall be taken by any person without the consent of the court…'It allows the court to place a specific embargo on the exercise of parental responsibility.A prohibited steps order may be made against anyone, regardless of whether they have parental responsibility, eg
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 England and Wales during the coronavirus (COVID-19) pandemic and until further notice, which affects normal practice, including provision for some family hearings to be dealt with remotely. For details about the changes to court processes and procedures during this time, see Practice Note: Coronavirus (COVID–19)—news and resources for family lawyers. In addition, the Coronavirus (COVID-19) toolkit provides easy access to news, practical guidance and Q&As from across a number of Practice Areas (subject to subscription).With particular regard to private law children proceedings during the coronavirus (COVID-19) pandemic guidance has been released by the President, Cafcass and Her Majesty’s Courts and Tribunals Service (HMCTS), for full details see Practice Note: Child Arrangements Programme—the procedure for section 8 applications—The procedure for section 8 applications—COVID-19.Prohibited steps ordersA prohibited steps order is: '… an order that no step which could be taken by a parent in meeting his parental responsibility for a child, and which is of a kind specified in the order, shall be taken by any person without the consent of the court…'It allows the court to place a specific embargo on the exercise of parental responsibility.A prohibited steps order may be made against anyone, regardless of whether they have parental responsibility, eg
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 England and Wales during the coronavirus (COVID-19) pandemic and until further notice, which affects normal practice, including provision for some family hearings to be dealt with remotely. For details about the changes to court processes and procedures during this time, see Practice Note: Coronavirus (COVID–19)—news and resources for family lawyers. In addition, the Coronavirus (COVID-19) toolkit provides easy access to news, practical guidance and Q&As from across a number of Practice Areas (subject to subscription).With particular regard to private law children proceedings during the coronavirus (COVID-19) pandemic guidance has been released by the President, Cafcass and Her Majesty’s Courts and Tribunals Service (HMCTS), for full details see Practice Note: Child Arrangements Programme—the procedure for section 8 applications—The procedure for section 8 applications—COVID-19.Prohibited steps ordersA prohibited steps order is: '… an order that no step which could be taken by a parent in meeting his parental responsibility for a child, and which is of a kind specified in the order, shall be taken by any person without the consent of the court…'It allows the court to place a specific embargo on the exercise of parental responsibility.A prohibited steps order may be made against anyone, regardless of whether they have parental responsibility, eg
Prohibited steps orders
Prohibited steps ordersCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in England and Wales during the coronavirus (COVID-19) pandemic and until further notice, which affects normal practice, including provision for some family hearings to be dealt with remotely. For details about the changes to court processes and procedures during this time, see Practice Note: Coronavirus (COVID–19)—news and resources for family lawyers. In addition, the Coronavirus (COVID-19) toolkit provides easy access to news, practical guidance and Q&As from across a number of Practice Areas (subject to subscription).With particular regard to private law children proceedings during the coronavirus (COVID-19) pandemic guidance has been released by the President, Cafcass and Her Majesty’s Courts and Tribunals Service (HMCTS), for full details see Practice Note: Child Arrangements Programme—the procedure for section 8 applications—The procedure for section 8 applications—COVID-19.Prohibited steps ordersA prohibited steps order is: '… an order that no step which could be taken by a parent in meeting his parental responsibility for a child, and which is of a kind specified in the order, shall be taken by any person without the consent of the court…'It allows the court to place a specific embargo on the exercise of parental responsibility.A prohibited steps order may be made against anyone, regardless of whether they have parental responsibility, eg
View the related q&as about Prohibited Steps Order
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?
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 refuses to give their consent.Where a child arrangements order is in place in respect of a child, no person may remove that child from the jurisdiction of the UK save in certain circumstances, pursuant to section 13(1) of the Children Act 1989 (ChA 1989). A ‘child’ for the purposes of ChA 1989 is a person under the age of 18 (ChA 1989, s 105(1)) and so will cover a child of 16.If there is a child arrangements order in place, pursuant to ChA 1989, s 8, specifying that the child lives with the holidaying parent, then the holidaying parent may take the child out of the country for a period of less than one month without
In relation to section 97(2) of the Children Act 1989, is Clayton v Clayton [2006] still authority that a prohibition on publicity does not apply post-proceedings and that to prohibit publicity after the conclusion of the proceedings, the court must make either an injunction or prohibited steps order? Does more recent case law address this issue, in particular the use of social media following private children orders?
In relation to section 97(2) of the Children Act 1989, is Clayton v Clayton [2006] still authority that a prohibition on publicity does not apply post-proceedings and that to prohibit publicity after the conclusion of the proceedings, the court must make either an injunction or prohibited steps order? Does more recent case law address this issue, in particular the use of social media following private children orders?Section 97(2) of the Children Act 1989 (ChA 1989) prohibits the publication of any material which is intended, or is likely, to identify any child involved in any proceedings under ChA 1989, or an address or school as being that of a child involved in such proceedings.The prohibition is not an absolute prohibition. The case of Clayton v Clayton remains an authority in confirming that the prohibition under ChA 1989, s 97(2) comes to an end once proceedings conclude. However, as noted by Sir Mark Potter P at para [78] of the judgment in Clayton:‘The fact that the provisions of s.97(2) of the 1989 Act, cease to operate after the conclusion of
Can the court decline to make a special guardianship order where the child’s guardian considers that a care or supervision order would be more appropriate, and could the court make such an order of its own motion? What other orders could be made by the court in those circumstances?
Can the court decline to make a special guardianship order where the child’s guardian considers that a care or supervision order would be more appropriate, and could the court make such an order of its own motion? What other orders could be made by the court in those circumstances?Section 31(1) of the Children Act 1989 (ChA 1989) provides that on an application for a care or supervision order by ‘any local authority or authorised person’, the threshold criteria as set out in ChA 1989, s 31(2) must be met, and a court may only make a care or supervision order if it is satisfied that:•the child concerned is suffering, or is likely to suffer, significant harm, and•the harm, or likelihood of harm, is attributable to:◦the care given to the child, or likely to be given to it, if a care or supervision order were not made, the care not being such as it would be reasonable to expect a parent to give, or◦the child being beyond parental controlSee Practice Notes: Public children—threshold criteria and Public children—principle of significant harm.Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 12.3 define the parties to proceedings under FPR 2010, SI 2010/2955, Pt 12, and provides that the only potential applicants for a care or supervision order under ChA 1989, s 31 are ‘Any local
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?
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 either by agreement with the mother or through an order by the court. Every parent with parental responsibility for a child will need to agree on any decision of importance and, if the parties can’t agree, an application can be made under the Children Act 1989 (ChA 1989).There are a number of applications that can be made under ChA 1989, s 8. If the issue is one of contact, then an application may be made for a child arrangements order (CAO). An application can also be made for a prohibited steps order to prevent another party from taking certain action or a party can ask the court to adjudicate on a specific issue by way of a specific issue order.If a child’s father and mother were not married at the time of birth, the father acquires parental responsibility by subsequently marrying the mother, and pursuant to ChA 1989, s 4 if he is registered as the child’s father on the birth certificate, he and the child’s mother
Where a child is taken, without consent, to Scotland from England, is this classed as an internal or an external relocation?
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 remove that child from the United Kingdom (UK) without either the written consent of every person who has parental responsibility for the child, or the leave of the court (save where the period of time is less than one month and the removal is by the person who is named as the person with whom the child lives).
Where it is proposed to relocate a child to Northern Ireland, is this considered an internal relocation or an external relocation?
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 court as such a relocation is an exercise of parental responsibility. As such the court can make specific issue or prohibited steps orders. If there is an issue as to the person with whom the child should live, any dispute as to the location of where the child should live should be dealt with as part of the determination of the child arrangements order issue rather than as a separate matter.It is now clear that there is now no difference in the legal test that the court will apply when considering both internal and external relocation: Re C (Internal Relocation). At paragraph 51 of her judgment, Black LJ made clear that the welfare of the child remained the paramount consideration. The previous test of exceptionality, which required the parent not wishing the child to relocate internally to show an exceptional reason why this should not be allowed, was overruled.External relocations are specifically governed by section 13(1)(b) of the Children Act 1989 (ChA 1989). This provides that no person may remove a child from the UK
Where a parent wants to take their child out of the country for three weeks, but is unable to contact the other parent who has parental responsibility and obtain their consent, is the next step to apply to the court for a specific issue order?
Where a parent wants to take their child out of the country for three weeks, but is unable to contact the other parent who has parental responsibility and obtain their consent, is the next step to apply to the court for a specific issue order?It is an offence to remove a child under the age of 16 from the UK (even where a party has a connection with a child) without the appropriate consent. A person connected with the child may obtain the appropriate consent under the Child Abduction Act 1984 either by obtaining consent from each of the following: the child's mother; the child's father, if he has parental responsibility; any guardian of the child; any special guardian of the child; any person named in a child arrangements order as a person with whom the child is to live, or any person who has custody of the child; or by obtaining the leave of the court. The offence is punishable by imprisonment.Whether or not there is a child arrangements order (CAO) in place is of significance. There is no limit to the number of temporary removals of less than
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?
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 in meeting his parental responsibility for a child, and which is of a kind specified in the order, shall be taken by any person without the consent of the court…’The conduct which can be restrained by a PSO must be a step which could be taken by a parent in meeting their parental responsibility for a child and it must be of a kind specified in the order. The requirement to specify the kind of conduct which is prohibited means that the order must set out clearly what it is that the person who is subject to the order is restrained from doing. Whatever the nature of the prohibition, the order must express it in specific and not in very general terms (Re G (a child) (contempt: committal order)).A PSO may be made against anyone irrespective of whether they have parental responsibility. An order could, for example, be made against an unmarried father whether or not
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?
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
Where a parent retains a child in breach of a child arrangements order providing for the child to live with the other parent, what steps should be taken to ensure the return of the child, and are there any cases dealing with the return of a child pending investigation into the retaining parent’s case?
Where a parent retains a child in breach of a child arrangements order providing for the child to live with the other parent, what steps should be taken to ensure the return of the child, and are there any cases dealing with the return of a child pending investigation into the retaining parent’s case?A child arrangements order (CAO) is made under section 8 of the Children Act 1989, (ChA 1989), and it can provide that a child lives with parent A and spends time with parent B. If at the end of contact parent B fails to return the child to parent A, and attempts by parent A to persuade parent B to return the child fails, parent A can sometimes obtain assistance from the police in persuading parent B to return the child. Although, a CAO is a civil order and a breach of a ChA 1989, s 8 order is not a criminal offence, when parent B is in breach, the police are sometimes willing to assist parent A in persuading parent B to return the child, in order to prevent a breach of the peace.If the police are not willing to assist and/or their visit to parent B has not resulted in a change of heart, parent A could issue an application to the court in Form C2, and, depending on
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