Your Guide to a Prohibited Steps Order
“My son’s mother is planning to move to Spain with my child and her new partner. Is there anything I can do to stop this?” Being told the other parent would like to move abroad permanently with your child is likely to be difficult to hear. Whilst dealing with a range of emotions you may be wondering if there is anything you can do.
A prohibited steps order is a legal agreement that prevents someone (usually a parent) from implementing some elements of their parental responsibility. For example, relocating with the child or stopping the person from removing a child from school.
Applying for a Prohibited Steps Order
Parents, guardians or those who hold a residence order (“lives with” in a child arrangement order) can apply for a prohibited steps order.
An application for a prohibited steps order can be made by anyone with parental responsibility under Section 8 the Children Act 1989. The order will usually only last until the child in question turns 16.
For parents who have an objection to the child’s other parent making certain decisions, then they can ask the court to apply an order to prevent this. Please note, a prohibited steps order can be made against anyone not just the child’s parents.
However, before applying for an order you should try to resolve the matter through mediation. Mediation is a quicker and more cost-effective solution to resolving disagreements. It can help settle the matter outside of court and minimises conflict.
If you are unable to come to an agreement following mediation, then you can apply for a prohibited steps order. Applying for an order to the family court can be a complex. Seeking the support of a specialist family law solicitor can help you through this process to achieve the best outcome for you and your child.
Divorce & Family Law Solicitors
For advice on mediation, a prohibited steps order or any other divorce or family law matter please contact our experienced team on 033 3344 9600 or simply email [email protected] with your request.
