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?

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Produced in partnership with Matthew Fletcher of 1 Garden Court Chambers
Published on LexisPSL on 02/07/2020

The following Family Q&A Produced in partnership with Matthew Fletcher of 1 Garden Court Chambers provides comprehensive and up to date legal information covering:

  • 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 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…’

In Re C (Due Process), Ryder LJ makes clear that the terms of

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