By Sital Somaiya, Founder and Solicitor. Last reviewed 14 October 2026.
Key points
- A prohibited steps order stops anyone taking a particular step in a child’s life without the court’s permission.
- The most common use is stopping a child being taken abroad. Taking a child under 16 out of the UK without the right consent can be a criminal offence.
- You must usually attend a MIAM first, but urgency and a risk of a child being removed from the UK are exemptions.
- In an emergency the court can make an order the same day.
A prohibited steps order is a court order that stops a parent, or anyone else, from taking a particular step in a child’s life without the court’s permission. It is one of the orders the family court can make under section 8 of the Children Act 1989, alongside child arrangements orders and specific issue orders.
Most separated parents never need one. They are for situations where one parent is about to do something significant without the other’s agreement, and talking has failed or there is no time to talk.
In this guide
- When prohibited steps orders are used
- Prohibited steps, specific issue or child arrangements order?
- Taking a child abroad: the rule every parent should know
- Going on holiday abroad after separation: practical steps
- Who can apply
- How the court decides
- How to apply
- Frequently asked questions
- Talk to us
When prohibited steps orders are used
- Taking a child abroad, either for a holiday you have not agreed to or to live in another country
- Moving the child to another part of the country, or removing them from your care
- Changing school without agreement
- Changing the child’s surname
- Medical treatment that one parent objects to
- Contact with a particular person who poses a risk to the child
Prohibited steps, specific issue or child arrangements order?
| Order | What it does | Example |
|---|---|---|
| Prohibited steps order | Stops a step being taken | Stopping a move to Spain |
| Specific issue order | Decides a particular question | Deciding which secondary school the child attends |
| Child arrangements order | Decides where a child lives and the time they spend with each parent | Alternate weekends with one parent |
If a decision needs to be made rather than stopped, the right order is usually a specific issue order. The court cannot use a prohibited steps order to achieve something that a child arrangements order would achieve, so the type of order matters.
Taking a child abroad: the rule every parent should know
Under section 1 of the Child Abduction Act 1984, a parent who takes or sends a child under 16 out of the UK without the consent of everyone with parental responsibility, or the court’s permission, may commit a criminal offence. This applies to holidays as well as moves abroad.
There is one important exception. A parent named in a child arrangements order as the person the child lives with can take the child abroad for up to one month without the other parent’s consent, unless a court order says otherwise. A prohibited steps order can close that gap where there is a genuine risk the child will not be brought back.
If you think your child is about to be taken abroad, contact the police immediately. If the risk is real and imminent, usually within the next 48 hours, the police can put an alert on ports and airports. Then speak to a solicitor about an urgent order the same day.
Going on holiday abroad after separation: practical steps
If you are the parent planning a trip, a little preparation avoids problems at the airport and in court:
- Ask the other parent for written consent, with the destination, dates and where you will stay
- Carry the consent letter, the child’s birth certificate and, if your surname differs from the child’s, evidence of your relationship
- Give the other parent contact details while you are away
- If consent is refused unreasonably, apply to the court for permission rather than going anyway
The GOV.UK guidance on taking a child abroad sets out the official position.
Who can apply
A parent, guardian or special guardian can apply as of right, as can anyone with parental responsibility through a parental responsibility agreement or order. Others, such as grandparents, need the court’s permission before they can apply.
How the court decides
The child’s welfare is the court’s paramount consideration. The court works through the welfare checklist in section 1(3) of the Children Act 1989, which includes:
- The child’s wishes and feelings, in light of their age and understanding
- Their physical, emotional and educational needs
- The likely effect on them of any change in circumstances
- Their age, sex, background and any relevant characteristics
- Any harm they have suffered or are at risk of suffering
- How capable each parent is of meeting their needs
The court will only make an order if doing so is better for the child than making no order at all.
How to apply
- Attend a MIAM first, unless an exemption applies. See our guide to MIAMs and the exemptions.
- Complete Form C100 and pay the court fee, or apply for help with fees.
- Ask for an urgent, without notice hearing if there is an immediate risk. The court can make a short order the same day and list a further hearing.
- Attend the first hearing. Cafcass will usually have carried out safeguarding checks beforehand.
Prohibited steps orders usually last until a child turns 16, and only in exceptional circumstances beyond that. Breaching one is contempt of court.
An example
Daniel and his former partner separated two years ago. Their seven-year-old daughter lives with her mother in Upminster and stays with Daniel every other weekend. Daniel learns that the mother has given notice on her flat and booked one-way tickets to her family abroad, leaving in nine days. Talking has failed. Because there is a risk of removal from the UK, he is exempt from attending a MIAM. His solicitor applies on Form C100 for an urgent prohibited steps order, which the court makes without notice. At the next hearing the court considers whether a move abroad is in the child’s best interests, a separate question decided on full evidence.
This is an illustrative example, not a real case.
Frequently asked questions
Do I need the other parent’s permission to take my child on holiday abroad?
Yes, in most cases you need the consent of everyone with parental responsibility, ideally in writing, or the court’s permission. The exception is a parent named as the person the child lives with in a child arrangements order, who can go abroad for up to a month.
How quickly can I get a prohibited steps order?
In a genuine emergency, the same day. The court can make an order without notice to the other parent and then hold a further hearing within days.
Can a prohibited steps order stop my ex changing our child’s school?
Yes. If a change of school is planned without your agreement, a prohibited steps order can stop it until the court decides. If the question is which school is best, a specific issue order may be more appropriate.
Can a prohibited steps order be made against a grandparent or new partner?
Yes. An order can be made against anyone, not only a parent, if it is needed to protect the child’s welfare.
What happens if someone breaches a prohibited steps order?
Breach is contempt of court, which can lead to a fine or imprisonment. If a child has been taken abroad, the police and specialist international procedures can be used to secure their return.
Sources
- Children Act 1989, section 8, legislation.gov.uk
- Child Abduction Act 1984, section 1, legislation.gov.uk
- Taking a child abroad, GOV.UK
Talk to us
Signature Law acts for parents across Romford, Havering and East London in urgent and contested children cases. If you are worried about a step the other parent is about to take, speak to our child arrangements solicitors or our family law team in Romford. If you need to protect yourself at home as well, see our guide to occupation orders.
Request a callback, or call 01708 398 851.
