The unprecedented circumstance of lockdown due to the Covid-19 pandemic has placed an intolerable strain on marriages already pressure leading, in many situations, to marriage breakdown. Where the couple are nationals of different countries when the couple separate in acrimonious circumstances, one parent may take the child or children of the marriage back to their original country, ostensibly for a short period to have the support of their family at a difficult time.  However, frequently they have failed to return with the children and it is made clear that they have decided to permanently return to their country, limiting or preventing the other parent's access to their children.

If you suspect that your former spouse is considering such a step there the lawyers in Giambrone's family law team can assist with preventative and emergency steps that can be taken to avert this.  A  Prohibited Steps Order which may be made under section 8 of the Children Act 1989  will prevent the other parent from being able to take such an action.  A Prohibited Steps Order generally relates to a single specific issue and applies to children up to the age of 16 years, but in some circumstances can extend beyond that age. 

The lawyers in Giambrone's family law team explain that a Prohibited Steps Order ensures that no steps can be taken by a parent or any other person, during the course of their parental responsibilities for a child, that is expressly specified in the prohibited steps order, without consent of the court. For example, such a step such as removing the child to another country.  The court will consider a welfare checklist before making a decision.  In the event of extreme urgency in a matter, there can be exceptions. The types of issues that a Prohibited Steps Order can address and obstruct are as follows:

  • Removing a child from a parent or other approved caregiver;
  • Taking a child out of the United Kingdom;
  • Prohibiting a child being moved to another location within the United Kingdom;
  • Removing a child from their school;
  • Bringing a child into contact with certain people;
  • Changing a child's name or surname;
  • Making decisions in respect of a child's medical treatment

Children and Family Court Advisory and Support Service (CAFCASS) will appoint an officer once an application for a Prohibited Steps Order has been made.  This is to establish whether it is possible for the parties involved to come to an agreement without the need for a Prohibited Steps Order, mutual agreement between parents is always preferred by the court. 

If it is not possible to come to an agreement the court may ask CAFCASS to undertake further investigations and also to prepare a report for the court with any recommendations.

Any person disregarding a Prohibited Steps Order should be aware that an offence may have been committed under the Child Abduction Act 1984  which is supported by provisions under the Family Law Act 1986. 

The court will only ever consider a Prohibited Steps Order if it considers that to do so is in the best interests of the child or children.  This is always the paramount consideration of the court.

For more information about a Prohibited Steps Order please click here 

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.