This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn about Prohibited Steps Orders in the UK. This guide explains how courts can restrict parental decisions regarding a child's welfare, such as relocation, medical treatment, and name changes, to ensure the child's best interests are protected.
In the context of child custody and care, parents and guardians are expected to make decisions that serve the child's best interests. However, there are situations where one parent may act in a way that could negatively impact the child, or where disagreements over parental decisions could endanger the child's welfare. In these cases, a Prohibited Steps Order may be issued by the court to restrict one parent's ability to make certain decisions on behalf of the child.
This article will explore what a Prohibited Steps Order is, the process of applying for one, the types of parental decisions it can restrict, and how it can help resolve disputes regarding child welfare.
What is a Prohibited Steps Order?
A Prohibited Steps Order is a legal order made by the Family Court under Section 8 of the Children Act 1989. This order prevents a parent from taking specific actions or making particular decisions regarding the child's upbringing without the permission of the court. It can be issued in situations where the court determines that one parent's decision could harm the child or is not in their best interests.
Unlike a Specific Issue Order, which allows the court to make a decision about a specific aspect of the child's welfare (such as which school the child should attend), a Prohibited Steps Order focuses on preventing a parent from taking certain actions that could affect the child's well-being.
When Are Prohibited Steps Orders Used?
Prohibited Steps Orders are typically sought in situations where one parent wishes to prevent the other from making a particular decision regarding their child. This may arise when:
- The parent wishes to move the child: One parent may want to relocate with the child, either to a different area in the UK or abroad, but the other parent objects. A Prohibited Steps Order can prevent the child's removal from the current location or jurisdiction.
- Disputes over medical treatment: A parent may wish to refuse or consent to certain medical treatments (e.g., vaccinations, surgery, or a medical procedure) that the other parent deems necessary. The court may issue a Prohibited Steps Order to prevent the parent from making such decisions unilaterally.
- Changing the child's name: A parent may wish to change the child's surname, either due to a new marriage or for other reasons. The other parent may object to the name change, and a Prohibited Steps Order can prevent the name from being altered without the court's permission.
- Preventing unsupervised contact with an individual: If there are concerns about the safety or well-being of the child, such as allegations of abuse or neglect, a Prohibited Steps Order can be used to prevent a parent from allowing the child to have unsupervised contact with a particular individual (e.g., a relative or a new partner).
- International travel: If one parent intends to take the child abroad without the consent of the other parent, the court can issue a Prohibited Steps Order to prevent this. This is common in cases where one parent fears that the other may try to permanently remove the child from the UK.
How to Apply for a Prohibited Steps Order
If you believe that a parent is planning to take an action that would harm the child or contravene the child's welfare, you can apply to the court for a Prohibited Steps Order. The process for applying is as follows:
Step 1: Attempt Mediation
Before applying to the court, parents are generally encouraged to attempt mediation. Mediation is a process where a neutral third party (the mediator) helps parents reach an agreement without going to court. In situations involving disagreements about the child's welfare, mediation can often provide a less adversarial way to resolve disputes.
If mediation is unsuccessful, or if there are concerns such as domestic violence or urgency in the matter, you will receive a Mediation Information and Assessment Meeting (MIAM) certificate, which is required to apply to the court.
Step 2: Complete the C100 Application Form
To apply for a Prohibited Steps Order, you will need to complete the C100 application form. This form is available online or from your local Family Court. In the form, you will need to:
- Provide information about the child, such as their name, address, and date of birth.
- Explain the nature of the disagreement and why you are requesting a Prohibited Steps Order.
- Describe the action you want to prevent and provide evidence or reasons why the action should be prohibited (e.g., safety concerns, potential harm to the child, etc.).
Step 3: Pay the Court Fee
You will also need to pay a court fee when submitting your application. As of 2023, the fee for a C100 application is £232. However, if you are eligible for legal aid or have a low income, you may be able to apply for a fee waiver.
Step 4: Court Hearing and Decision
After you submit the C100 form, the court will schedule a First Hearing Dispute Resolution Appointment (FHDRA). During this hearing, the court will assess the situation and decide how to proceed. The court may:
- Encourage the parents to reach an agreement.
- Request further evidence, such as reports from social workers or other experts.
- Make a decision on whether the Prohibited Steps Order is necessary.
In some cases, the court may issue an interim Prohibited Steps Order to provide immediate protection while the case is ongoing.
Step 5: The Court's Ruling
If the court believes that the requested Prohibited Steps Order is in the best interests of the child, it will issue the order. This order will specifically list the actions or decisions the parent is prohibited from taking without the court's permission. If the order is violated, the parent may be in contempt of court, which can result in legal penalties such as fines or imprisonment.
What Does the Court Consider When Deciding on a Prohibited Steps Order?
When deciding whether to issue a Prohibited Steps Order, the court will consider several factors, all of which are designed to safeguard the child's welfare. These include:
- The child's best interests: The court's primary concern is ensuring that the child's emotional and physical needs are met. The court will assess how the proposed action by one parent would impact the child's overall well-being.
- The views of the child: If the child is old enough and mature enough to express their views, the court may take these into account. However, the child's wishes are not the sole determining factor in the court's decision.
- The reasons for the proposed action: The court will consider whether there are justifiable reasons for the action being taken by the parent, such as a medical need or a valid reason for relocation.
- Any potential risks to the child: If the action poses a risk to the child's safety or welfare, such as taking the child abroad without the other parent's consent or allowing unsupervised contact with a dangerous individual, the court is likely to issue a Prohibited Steps Order to prevent such actions.
Risks and Considerations
While Prohibited Steps Orders can protect children, there are some risks and considerations:
- Legal Costs: The application process can be costly, especially if the case is contested. Legal fees, court fees, and expert witness fees may accumulate.
- Emotional Impact: The legal process can be stressful for both parents and children, especially if there are allegations of harm or serious disputes over the child's welfare.
- Enforcement Issues: If one parent disobeys the Prohibited Steps Order, the other parent may need to return to court for enforcement, which can be time-consuming and complex.
Common Questions About Prohibited Steps Orders
What is the difference between a Specific Issue Order and a Prohibited Steps Order?
A Specific Issue Order resolves disputes over specific decisions regarding a child's welfare (e.g., school choice), while a Prohibited Steps Order prevents one parent from taking specific actions (e.g., relocating with the child or changing their name) without the court's permission.
Can a Prohibited Steps Order be changed or appealed?
Yes, a Prohibited Steps Order can be varied or discharged if there is a change in circumstances. Either parent can apply to the court to vary the order if they can demonstrate that the child's best interests would be served by a change.
What happens if one parent breaches a Prohibited Steps Order?
If a parent disobeys the terms of a Prohibited Steps Order, the other parent can apply to the court for enforcement. The court may impose penalties, including fines or custody changes, for non-compliance.
Final Thoughts
A Prohibited Steps Order is an essential legal tool for parents who need to restrict another parent from making decisions that may harm the child or contravene their best interests. Whether it involves preventing relocation, restricting medical decisions, or stopping a name change, this order helps ensure that both parents comply with decisions that are in the child's best interests. The process of applying for and enforcing a Prohibited Steps Order is designed to protect the child's welfare while offering a clear legal framework for resolving disputes.
