Prohibited steps orders: initial information

A prohibited steps order can restrict a specified action concerning a child in England and Wales. The proposed restriction should address the actual concern and legal test rather than being described as a general power to control the other parent. ^[1]

Describe the action to be restricted precisely Identify what is feared, who may act, when and why it would affect the child. Provide the existing order and relevant evidence, such as a specific travel message or proposed school change. A prohibited steps request should address a defined concern rather than seek a general power over the other parent.

Distinguish a concrete threat from speculation and explain what is uncertain. The adviser needs enough detail to assess the appropriate order and urgency. Do not wait for the feared action to occur merely because you are still collecting a fuller record.

Coordinate legal protection with practical safety Where removal is imminent or immediate danger exists, seek urgent specialist or emergency help as appropriate. Ask about the correct court, notice and evidence requirements. Sending a routine enquiry or telling the other parent you object does not itself create a legal restriction.

Use Emergency family court applications: when to seek advice for urgent applications and International relocation with a child for international relocation. Through Relocation and parental consent enquiry, identify the threatened action, timing and safe contact method first. Confirm whether any urgent work is accepted and what has actually been filed. Do not assume possession of a passport or an informal promise is an adequate substitute for the assessed protective steps.

Identify the action to be prevented

Describe the proposed step precisely, including the child, person, timing and practical effect. A prohibited steps order concerns a specified action in the exercise of parental responsibility; it is not a general instruction that another parent must never make decisions. Ask what restriction would address the actual welfare concern. Broad wording can leave uncertainty about ordinary care and may fail to explain what the court is being asked to stop. ^[1]

Distinguish a completed event from a threatened future action. If a school transfer or departure has already happened, the legal response may require more than an order prohibiting it. Provide the dates and evidence so the adviser can identify the correct application. Do not describe an action as imminent when it is only a remote possibility, or assume the court can reverse every completed step through the same procedure used to prevent one.

Show why the risk is concrete

Preserve relevant messages, documents or conduct that support the concern. A statement of intention, a confirmed arrangement and a suspicion based on past behaviour carry different evidential weight. Explain what you know and how you know it. If there is an innocent alternative explanation, disclose it rather than excluding it from the account. The adviser needs to assess the risk and urgency on a balanced record.

For example, a message saying a parent wants to discuss another school is different from notice that the child has been withdrawn and a start date arranged elsewhere. The proposed legal response should reflect that difference. Identify any deadline and the consequence for the child. Do not create urgency by withholding correspondence until the last possible day, and do not use threats of an application as a substitute for a clear discussion where safe and appropriate.

Coordinate the restriction with existing orders and practical protection

Provide every relevant child-arrangements or protective order and explain how the proposed restriction would interact with them. A provision about travel may affect an agreed holiday, while a school-related restriction may require clarification of an existing educational arrangement. The court should be given a coherent picture rather than asked to make terms that conflict with an order it has not been shown.

Ask what practical information must be supplied to a school, passport authority or other organisation if an order is made, and who is responsible for doing so. Do not assume that filing the application automatically notifies every third party or creates the requested restriction. Until an order exists, obtain advice about lawful immediate steps. Avoid self-help actions that breach existing obligations or expose the child to confrontation while the legal position is being assessed.

Understand the duration and follow-up process

Clarify whether the application seeks an interim restriction, a longer-term decision or a measure pending fuller consideration. If urgency or proceeding without notice is proposed, the adviser should explain the separate requirements and evidence. An order made quickly may require a return hearing and further information. Keep those obligations visible rather than treating the first decision as the end of the case.

Once made, read the exact restriction, any exceptions and the period for which it operates. Preserve evidence of service or communication required by the court. If the threatened action changes or another issue arises, seek advice about whether the existing order covers it or needs a further application. The objective is targeted protection against a defined step, with clear implementation and review, rather than an open-ended document used to control every aspect of the other parent's involvement in the child's life.