You can apply for a Prohibited Steps Order under S8 of the Children Act 1989. This type of order prohibits the activity of one single issue and restricts that activity from being carried out. For example, this could be preventing one parent from removing the child from school, changing a child’s name/surname or removing the child from the country.
If you are separated or going through separation and find yourself in a situation where your former partner is making threats to carry out an activity, such as the examples above, then you may apply to the Court for a Prohibited Steps Order to prevent them from doing so.
It should be noted that when the Court considers an application for a Prohibited Steps Order, the child’s welfare will be the Courts paramount consideration, as is the case when applying for any orders relating to children. To apply for a Order, the person applying will need to file a C100 application form.
The order can also be applied for on an emergency basis. However, in order for an urgent application to be successful, there must be strong evidence or an imminent threat. In these circumstances, the application is made ‘without notice’. This means that the respondent would not be aware that the order is being made and nor would they be present at the hearing. If an order is granted on this basis, the Court will list a further ‘return’ hearing when the respondent will be required to attend once they have been served with the application and emergency order made.