How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask SASH_Law Your Own Question
SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 6168
Experience:  LLB (Hons)
96947008
Type Your Family Law Question Here...
SASH_Law is online now

Do I need a solicitor if I want to do Prohibited Steps Order

This answer was rated:

Do I need a solicitor if I want to do Prohibited Steps Order to prevent your ex-partner taking the children out of the country and for a Specific Issue Order for permission for me to travel with my children?Can I do that myself ? Currently I don’t work, I only taking care of the kids. Is it any way I can do it myself and also if not , is it possible to make my ex who is working to pay for it ?

Hello, how are you today? 



My name is ***** ***** I am going to see if I can assist with your query. Let me just read your first post. I may need to ask you additional questions after I have read it, and if I do, they will appear below. It is important you answer all the questions I ask, so that I have the information I need to give you an accurate response. JA is a Q&A website, and this ‘chat’ is email based, which means responses may not be immediate. Do rest assured however, that I will be providing you with an answer to your query today.


The site will offer a phone call, this is automated and it is important for you to know that I do not make calls. I will answer your query online.


Please confirm that you have read and understood this message and then we can begin.

Customer: replied 15 days ago.
Ok I understand

Is there a child arrangements order in place for the children?

How old are they?

How often do they spend time with their other parent?

Customer: replied 15 days ago.
My son is 5 and my daughter is 7. Myself and their dad we are not married , we still live together and for past 2 years I’m trying to make some agreement with him regarding kids and finances but he keeps changing his mind
Customer: replied 15 days ago.
I do everything around kids since they were born. School, school clubs, spending time with them, homework, bath, birthday parties , etc. He works and that’s it really. I ask him to do mediation, apparently he will talk on Monday, but I can’t wait any longer as I planned holiday and now he want me to block to take kids for holiday. I was taking them to Poland for last 7 years by myself. Suddenly his mum came here in March and he want now to take them to Bosnia, as he become more difficult I am sorry he won’t bring my kids back from his country. He already called police once when I took kids to park , that I took them to Poland. Police told me that I need his permission. He is from Bosnia and kids has his surname.
Customer: replied 15 days ago.
He just few times took them somewhere on Sunday and last few weeks I start going to see my friends, have social life , so kids stay with him and his mum, he now has a problem with that and calling me a bad mum. When for last 7 years I couldn’t even go for a coffee with my friends as he never take care of them. Now he just start spending more time with them
Customer: replied 15 days ago.
In April he took them to Turkey for the first time by himself , but he took his mum and a nanny ! That’s how much he knows how to take care of the kids
Customer: replied 15 days ago.
Do I need to first do child arrangement order or do I need to wait for mediator to see what she has agreed and if he want to go for mediation ?

In order to be able to take a child out of the country, either for a holiday or permanently, the parent wishing to take the child needs to have the consent of everyone who has parental responsibility - this is usually just the mother and father.

A mother always has parental responsibility from birth, a father will have PR if he is named on the birth certificate, was married to the mother at the time of the child’s birth, or if it has been given to him by a court.

In the absence of the consent of all with PR, the parent wishing to travel or relocate with the child will need a specific issues order from the court for permission to remove the child from the jurisdiction. Without the consent or the order of a court, the parent removing the child will be committing child abduction.

If the father refuses to give consent, then your only option is to apply to court for a specific issues order to get the court’s consent instead. You can do this on form C100, cost is £232. You should mark the form for an urgent hearing if you are travelling soon so that the court can list it urgently. If you have more than a few weeks you will be obliged to attend a MIAM before applying to court - this is mediation, see the C100 for more information and to check if you meet an exemption.

Find a mediator here: www.familymediationcouncil.org.uk

C100 form: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/946762/c100-eng.pdf

EX160 form: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/952045/ex160-eng.pdf

EX160A Notes: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/958038/ex160a-eng.pdf

Fee remission assistance can be completed online, the system will give a code that is placed on the application form, if eligible. See here: https://www.gov.uk/get-help-with-court-fees

If he has travelled with the children previously without issue and returned them, then you are very unlikely to get a prohibited steps order to prevent him travelling with the children again.  Just as he is very unlikely to be able to prevent you travelling with them if you apply for a specific issues order.  But if you do want to try to get a PSO as well as the SIO, then you can use the same C100 form for both applications at the same time.

Can I clarify anything for you?

Customer: replied 15 days ago.
Let me put this on paper and open links to check , when I have a question , I will come back to you. Thanks a lot

You're welcome.

All the best.

Customer: replied 15 days ago.
Thanks

No problem.

SASH_Law and other Family Law Specialists are ready to help you

If you have new questions and wish to ask for my assistance, you can do so by putting FORCustomerONLY in the subject heading of a new thread. Alternatively, once you have rated this question, you will get the option to add me as a favourite expert from your membership page. Then, when you wish to ask me another query, you can then simply type “@“ followed by my name in your next chat, e.g. @SASH_Law.


Please note that there is no need to respond to this message.



Thanks for using JA!


All the best!



Customer: replied 11 days ago.
Hi LeaMy mediator will sign C100 for me, however I’m not sure if I have completed that form correctly. Is there any way you can check that for me ?

It can only be done under a premium service offer.  It may be cheaper to take it to your local CAB or law centre.

Customer: replied 4 days ago.
Hi Lea , I have now my form C100 signed by mediator. My ex partner booked his tickets for holiday on 06/06 on the day when I told him about me taking them to Italy. I still didn’t booked mine. Was thinking to buy today, do you think that for the court the day when I booked my tickets will matter? The reason why I didn’t booked before is because I needed confirmation from my friends when they will go to Italy and which airport they will land so we can get to our destination togetherPlease adviceMonika Antoniak

?