Family Law
Prohibited Steps Order Barristers
Urgent and planned applications to stop a specific step being taken in relation to a child, from removal abroad to a change of school or name.
Takes about 2 minutes. No obligation.
Barristers regulated by the Bar Standards Board
A prohibited steps order is one of the orders available under section 8 of the Children Act 1989. It directs that a particular step, which a parent could otherwise take in exercising parental responsibility, must not be taken by anyone without the court's permission. It is aimed at a specific action rather than the overall arrangements for a child.
Common uses include stopping a child being taken out of the United Kingdom, preventing a change of school, stopping a child's surname being changed, or preventing a child from being removed from the care of the parent they live with. The order can be directed at a parent or, in some circumstances, at another person.
Applications are made on form C100. Before applying, you are generally expected to attend a Mediation Information and Assessment Meeting (MIAM) unless an exemption applies. Exemptions include urgency and evidence of domestic abuse, which is why genuinely urgent cases can go straight to court. A court fee applies, and Help with Fees may be available.
Where there is a real risk that the step is about to be taken, for example a planned flight abroad, the court can hear the application without notice to the other party. A without notice order is usually short-term and is followed by a return hearing at which the other side can respond. Getting the evidence and the urgency right at this first stage often makes the difference.
What Prohibited Steps Order Barristers Do
Court Advocacy
Your Barrister can represent you at:
- Urgent without notice hearings
- Return hearings on notice
- FHDRA hearings
- Dispute Resolution Appointments
- Final hearings
- Applications to discharge or vary
Legal Advice
Expert guidance on:
- Whether a prohibited steps order fits
- Urgency and without notice criteria
- Risk of removal from the UK
- MIAM exemptions
- Passport and travel issues
- Responding to an order made against you
Document Drafting
Barristers can draft:
- C100 applications
- Statements of urgency
- Witness statements
- Draft orders
- Position statements
- Skeleton arguments
Your Barrister drafts these documents. You issue them at court and arrange service on the other party.
What You Handle
With Direct Access:
- Issuing the C100 at court
- Paying the court fee or applying for Help with Fees
- Serving the order and papers
- Gathering evidence of the risk
- Contacting the police in an emergency
- Keeping the court informed
How Direct Access Works
- 1
Urgent Assessment
Your Barrister considers the risk, how imminent it is, and whether a prohibited steps order is the right remedy or whether another order or step is needed.
- 2
MIAM or Exemption
If the matter is not urgent, you attend a MIAM first. If it is urgent or another exemption applies, this is recorded on the C100.
- 3
Preparing the Application
The C100 and a supporting statement are drafted, explaining exactly which step should be prohibited and why, together with the evidence of risk.
- 4
Without Notice Hearing
In urgent cases, your Barrister presents the application to a judge without the other side being present. Any order is usually time-limited.
- 5
Return Hearing
The other party is served and can respond. The court decides whether to continue, vary or discharge the order and gives directions.
- 6
Final Determination
If the issue is not agreed, the court decides at a final hearing, applying the paramountcy of the child's welfare and the welfare checklist.
Does your case qualify for Direct Access?
Tell us about your matter and we'll confirm whether you can instruct a Barrister directly, then match you with the right specialist.
Prefer to talk? Call 0800 302 9921. Lines open 8am to 8pm, same-day callback.
Frequently Asked Questions
What is a prohibited steps order?
It is a section 8 order under the Children Act 1989 that stops a specified step being taken in relation to a child without the court's consent. It is used for particular actions, such as removing the child from the country, rather than deciding where the child lives or who they spend time with.
Can I get a prohibited steps order the same day?
In a genuine emergency the court can hear a without notice application very quickly, sometimes on the same day. You need to show why the other side cannot be given notice, for example because they would take the step before a hearing could be arranged.
Can a prohibited steps order stop a holiday abroad?
Yes, if the court is satisfied it is in the child's welfare. The court considers the risk that the child will not be returned, the destination, and safeguards such as return tickets or undertakings. Many holidays are allowed with conditions rather than prevented.
What can I do if I think a child is about to be taken abroad imminently?
Contact the police straight away. Where removal is believed to be imminent, the police can consider a port alert. Alongside that, an urgent court application can be made, and the court can also deal with the surrender of passports in appropriate cases.
Is a prohibited steps order the same as a non-molestation order?
No. A non-molestation order under the Family Law Act 1996 protects a person from harassment or abuse. A prohibited steps order controls a specific step relating to the care of a child. Some cases involve both, and they are applied for on different forms.
An order has been made against me without notice. What now?
You will have the chance to respond at the return hearing. Comply with the order in the meantime, gather evidence about the step in question, and get advice quickly. A Barrister can prepare your statement and argue for the order to be discharged or varied.
How long does a prohibited steps order last?
It depends on the terms. Interim orders often last until a return hearing or further order. Final orders usually end when the child turns 16, and can only extend beyond that in exceptional circumstances.
Worried a Step Is About to Be Taken?
Speak to a specialist children law Barrister about an urgent prohibited steps application or responding to one.
Or call us: 0800 302 9921. Lines open 8am to 8pm, same-day callback.