Breaking a prohibited steps order is a serious matter, but it does not mean your situation is beyond help. If you have breached an order, or fear you may have, there are clear legal procedures, potential defences, and practical steps you can take to address what has happened.
The consequences of breaking a prohibited steps order can range from formal warnings and enforcement action to contempt of court findings, fines, and in the most serious cases, imprisonment. The family court may also change existing child arrangements if breach of an order suggests a pattern of unsafe or uncooperative behaviour. However, the court’s approach is always guided by the child’s welfare, not punishment alone.
This article focuses on prohibited steps order breaches in England and Wales under the Children Act 1989. We will explain what counts as a breach, the immediate and longer-term consequences, how police may become involved, and what you can do if you have already broken an order.
Understanding the legal landscape now can help you make informed decisions about child matters and protect your relationship with your child going forward.
What is a prohibited steps order?
A prohibited steps order UK is a type of court order made under Section 8 of the Children Act 1989. It prevents a person with parental responsibility from taking a specific step in relation to a child without permission from the court. To apply for a prohibited steps order, you must submit an application to the family court using form C100. Before applying, you may need to attend a Mediation Information and Assessment Meeting (MIAM) unless an exemption applies. Common examples include orders preventing someone from removing a child from England and Wales, changing the child’s school, applying for a passport for the child, changing the child’s name, or making decisions about a child’s religious upbringing.
Importantly, a prohibited steps order does not remove parental responsibility. It temporarily limits how parental responsibility can be exercised in relation to one particular question. The order is a legally binding document, and breaching it can have significant consequences for both the parent and the child involved.
A prohibited steps order is usually made against a parent, but step parents or others without parental responsibility may apply for it with the court’s permission. If the child is in the care of a local authority, different rules apply regarding who can apply for it.
Typical situations where a family court might make a prohibited steps order include:
- Immediate risk of child abduction or removal from the UK
- One parent planning to relocate the child without agreement from the other parent
- Safety concerns about exposing the child to a particular individual
- A parent seeking to change the child’s school or name without consent
- Domestic violence or coercive control affecting significant decisions about the child’s life
- Preventing a parent from making decisions about a child’s religious upbringing
It is distinct from a child arrangement order (which governs where the child lives and visitation arrangements) and a specific issue order (which resolves a particular dispute about the child’s upbringing). However, all three orders can work together in complex cases, and breach of one may affect the others.
The duration of a prohibited steps order is determined on a case-by-case basis and can last from a few months to several years. It can be open-ended or last until the child reaches the age of 18, but it automatically comes to an end when the child reaches 18.
For example, imagine a parent in Manchester who is worried that the other parent plans to take the child abroad and not return. The court could grant the order preventing removal of the child from the jurisdiction—even on an emergency basis if there is imminent risk.
What counts as “breaking” a prohibited steps order?
In plain language, breaking a prohibited steps order means doing something the order clearly forbids—or helping someone else to do it. Even a one-off or brief breach can be treated seriously, particularly where safety concerns or risk of abduction are involved.
Here are practical examples of what might count as a breach:
- Taking a child abroad when the order prohibits foreign travel. If the order prevents you from removing the child from England and Wales, booking flights and travelling regardless is a clear breach.
- Enrolling the child in a different school contrary to the order. If the order states the child must remain at their current school, moving them to another without the court’s permission is a breach.
- Allowing contact with a named person the order excludes. Some orders prevent contact between the child and a specific individual (for example, a step-parent or grandparent who poses safeguarding risks). Permitting that contact is a breach.
- Withholding a passport in defiance of the order. If the order requires you to surrender the child’s passport to the court or the other parent, failing to do so is a breach.
- Changing the child’s name without consent. If the order prevents a change of surname and you proceed anyway, you have broken the order.
Misunderstanding the terms of the order is rarely a complete excuse, especially if the order was explained at a court hearing or by a solicitor. Courts expect parties to seek legal advice if they are unsure, rather than acting and claiming confusion afterwards.
It is also worth noting that an “attempted” breach—such as booking one-way tickets for the child a few days before a further hearing—can influence the court’s view. Even if the trip does not happen, the court may consider the intention when deciding on enforcement steps or varying child arrangements.
Emergency situations and urgent prohibited steps orders
In certain circumstances, urgent action is required to protect a child from immediate harm or risk. An emergency prohibited steps order is a powerful legal tool that allows the court to act swiftly, sometimes without notifying the other parent in advance, to provide immediate protection for the child. Such cases often involve a significant risk of abduction, threats to the child’s safety, or other actions that could negatively impact the child’s welfare.
If you believe your child is at imminent risk, it is crucial to seek specialist legal advice as soon as possible. A solicitor can help you apply for an emergency order, ensuring the application is properly prepared and presented to the court. The court’s paramount consideration in these situations is always the child’s safety and well-being, and judges are prepared to make urgent decisions to prevent harm.
Emergency orders are designed for situations where waiting could put the child in danger. If granted, the order will take effect immediately, and the court will usually schedule a further hearing to review the situation and allow both parties to present their case. In such cases, acting quickly and with the right legal advice can make all the difference in safeguarding your child.
Domestic violence considerations in prohibited steps orders
If there is evidence of domestic violence, the court may use a prohibited steps order to prevent the abusive parent from taking actions that could put the child at risk or expose them to harmful behaviour. This might include stopping a parent from removing the child from the family home, changing the child’s school, or making other significant decisions without the court’s permission.
The court will apply the welfare checklist to ensure that the child’s physical, emotional, and psychological needs are fully considered. In cases involving domestic violence, the child’s safety is the court’s top priority, and steps orders can be an effective way to settle disputes and protect the child from further harm.
If you are experiencing domestic violence, have concerns about your child’s safety, or are worried about your immigration status as an undocumented migrant, it is essential to seek specialist legal advice. A solicitor can guide you through the process of applying for a prohibited steps order and help you gather the necessary evidence to support your case. The right legal advice can ensure that the court is fully aware of the risks and can take appropriate action to safeguard your child.
Immediate consequences if you break a prohibited steps order
The first response to a breach of a prohibited steps order will depend on its seriousness and urgency. In some cases, police involvement is immediate. In others, the other party may apply to the family court for an emergency hearing.
If the other parent or legal guardian discovers the breach, they can return the case to court quickly—often within days. The court can list an urgent hearing at very short notice, particularly if a child has been removed from the family home, their usual school, or the jurisdiction.
At an early hearing, the court may:
- Issue a formal judicial warning about future conduct
- Make interim variations to existing child arrangements (for example, moving from unsupervised to supervised contact)
- Direct Cafcass to carry out an assessment meeting or risk assessment
- Order the child’s immediate return if they have been removed
The court also has the authority to impose penalties on those who breach a prohibited steps order. These penalties may include fines, enforcement orders, or other sanctions, depending on the circumstances of the breach.
Police may act straight away where there is immediate risk of harm or suspected child abduction. If the order includes a power of arrest, police can arrest the breaching parent without needing a separate warrant.
Courts treat child protection as the court’s paramount consideration. If urgent action is needed, the system can move very quickly.
Formal legal consequences of breaching a prohibited steps order in family court
Repeated or serious breaches of a prohibited steps order can lead to a range of formal sanctions. However, the court always decides by reference to the child’s best interests—not punishment alone. The child’s best interests are the guiding principle for all decisions regarding breaches, ensuring that any action taken by the court prioritises the child’s welfare above all else.
The main types of formal consequences include:
- Enforcement orders (such as unpaid work requirements)
- Fines
- Orders for costs against the breaching party
- Findings of contempt of court
- Imprisonment (in rare, extreme cases)
The court can also change existing child arrangements orders if breach shows a pattern of unsafe or uncooperative behaviour. Breach findings can affect future applications—for example, if you later seek increased contact, relocation, or to vary an existing order.
Below, we look at each of these consequences in more detail.
Warnings, directions and enforcement orders
Where a breach of a prohibited steps order is at the lower end of seriousness, the court may start with a formal warning and clear directions on future compliance. This puts the breaching parent on notice that any further breach will be treated more seriously.
Under the Children Act 1989, the court can make enforcement orders requiring a parent to undertake unpaid work (activity requirements) or attend parenting programmes. Unpaid work requirements typically range from 40 to 200 hours, depending on the case.
The judge can also attach or strengthen a warning notice, making it explicit that future breaches may lead to contempt proceedings. Additional directions may cover practical matters—such as who holds the child’s passport, handover arrangements, and communication protocols—to reduce the risk of repeat breaches.
If behaviour does not improve, warnings escalate. A parent who ignores repeated warnings is much more likely to face committal proceedings.
Contempt of court, fines and imprisonment
Persistent or very serious breach of a prohibited steps order can amount to contempt of court. Contempt is a grave legal infraction, treated as a direct affront to judicial authority.
Possible penalties for contempt include:
| Penalty | Description |
| Financial penalties (fines) | Amounts vary depending on breach severity and the breaching party’s means |
| Suspended committal orders | The parent will go to prison if they breach again within a defined period |
| Immediate imprisonment | In extreme cases, the court can commit a parent to prison for a set period |
For example, consider a parent who repeatedly takes the child abroad in breach of a prohibited steps order preventing foreign travel, despite previous warnings. That parent could face committal proceedings, a suspended sentence, or immediate imprisonment.
A suspended committal order is not a slap on the wrist. It means that any further breach during the suspension period will almost certainly result in prison.
Anyone at risk of contempt findings should seek urgent legal representation from specialist family solicitors such as Axis Solicitors. The consequences are too serious to navigate without expert legal advice.
Changes to child arrangements and parental involvement
A key consequence of breach is that the court may view the breaching parent as less reliable or safe. This can lead to significant changes to child arrangements.
Concrete examples include:
- Moving from unsupervised to supervised contact
- Reducing overnight stays or holiday time
- Temporarily suspending all contact
- Changing the child’s primary residence to the other parent
The court’s guiding test is always the welfare checklist in the Children Act 1989. This includes considering the risk of future harm, each parent’s capacity to meet the child’s needs, and the importance of stability in the child’s life.
The child’s age, wishes and feelings (as reported by Cafcass) can also play a significant role when the court considers changes triggered by breach. In such cases, the court will assess each situation on a case by case basis, looking at all the evidence before making a final decision.
Costs orders and financial impact
While family courts do not automatically award costs, serious or unreasonable breach can result in an order to pay the other party’s legal costs.
Typical cost items include:
- Solicitor’s fees for preparing enforcement applications
- Counsel’s fees for urgent hearings
- Additional expert or travel costs incurred because of the breach
The judge will look at overall conduct, forcing repeated emergency applications, or acting in a way that negatively impacts the child. These factors can all support a costs order.
Litigation risk, including potential additional costs, is something a specialist family law solicitor can assess before a contested hearing. Understanding the prohibited steps order cost implications early can help you make informed decisions.
Can the police enforce a prohibited steps order?
Police may become involved after a breach of a prohibited steps order, particularly where there is immediate risk or suspected child abduction.
In high-risk cases, the court can attach a power of arrest. This allows police to arrest a parent who breaks the order without needing a separate warrant.
For example, imagine a prohibited steps order prevents a parent from removing the child from England and Wales, with a power of arrest attached. If the child is taken towards an airport or ferry port, police can intervene at once—without waiting for a court hearing.
However, there are limits to police powers. Officers act to protect the child and enforce clear court orders, but they cannot rewrite the order or decide longer-term arrangements. That is the role of the family court.
If you believe the other parent has breached a prohibited steps order and the child is at immediate risk, calling the police may be appropriate. For less urgent situations, applying back to the family court is usually the right course. A solicitor can advise you on the best approach for your circumstances.
Prohibited steps order duration and review
The length of time a prohibited steps order remains in force depends on the specific circumstances of the case and the court’s decision. Some orders are made for a fixed period—such as six months or a year—while others may continue indefinitely until the court makes a further order. The court will always tailor the duration of the order to what is necessary to protect the child’s welfare.
Either parent can apply to the court to vary or discharge the order if circumstances change. For example, if the risk that led to the order being made no longer exists, or if new evidence comes to light, the court will review the order and decide whether it should remain in place. Regular reviews ensure that the order continues to serve the child’s best interests and does not unnecessarily restrict parental responsibility.
Prohibited steps order vs other family law orders
Unlike a child arrangement order, which sets out where a child lives and the arrangements for contact with each parent, a prohibited steps order specifically prevents a parent from taking certain actions—such as changing the child’s school or taking the child abroad—without the court’s permission.
Other family law orders, such as specific issue orders, are used to resolve particular disputes about a child’s upbringing, like which school they should attend or what medical treatment they should receive. In some cases, the court may make more than one type of order to address all aspects of the child’s welfare.
Choosing the right order depends on the nature of the dispute and the outcome you are seeking. Specialist legal advice is essential to ensure you apply for the most appropriate order and that your application is supported by strong evidence. Understanding the differences between these legal tools can help you protect your child’s best interests and achieve a fair outcome in family court.
Welfare checklist: how the court decides on children’s best interests
When making decisions about prohibited steps orders and other family law matters, the court relies on the welfare checklist set out in the Children Act 1989. This comprehensive guide ensures that every decision is made with the child’s best interests as the court’s paramount consideration.
What if you have already broken a prohibited steps order?
If you have already breached a prohibited steps order, there are practical steps you can take to improve your position.
Stop the prohibited conduct immediately. If you have removed the child, return them to their usual home or school. If you have enrolled them in a new school, contact the old school and explain the situation.
Cooperate with the other parent where it is safe to do so. If domestic violence is a factor, ensure your own safety first, but otherwise, open communication can help de-escalate conflict.
Gather documents showing remorse and corrective action. Evidence that you have taken steps to undo the breach—such as return of a passport, messages apologising for the breach, or confirmation of the child’s return—can support your case.
Seek legal advice immediately. A solicitor can help prepare an explanation, evidence of misunderstanding or emergency, and proposals to rebuild trust with the court.
Attend all hearings and comply with interim directions. Failing to engage with the court will only make matters worse.
The court is more likely to view a parent favourably if they acknowledge what happened, show insight into why it was wrong, and demonstrate a realistic plan to avoid future breaches.
Defences, mitigation and explaining your actions
There is rarely a complete “defence” to breaching a prohibited steps order, but there may be strong mitigating circumstances that the court will consider.
Examples of mitigation include:
- Acting to protect a child from immediate harm (for example, removing the child from a dangerous situation)
- Following urgent medical advice in a crisis (for example, obtaining emergency medical treatment abroad when time was critical)
- Breaching after receiving plainly incorrect informal advice (though you should have sought specialist legal advice instead)
- Genuine confusion about a vaguely worded order (though this is rarely a complete excuse)
Any claim of emergency must be evidence based. For example, hospital records, police incident numbers, or messages showing the situation as it unfolded can all support your account.
An expert family law solicitor can help structure your statement, ensuring it accepts responsibility where appropriate but presents the full context accurately. If the wording of the order was genuinely unclear, seeking to clarify or vary it promptly is better than repeating borderline behaviour.
Courts understand that certain circumstances can arise unexpectedly. The key is to act honestly, seek legal advice, and demonstrate that you put the child’s welfare first.
How a breach affects future applications and long-term arrangements
Breaching a prohibited steps order can influence future applications—for example, if you later want to vary child arrangements, seek permission to relocate, or have the order discharged.
If both parties agree, they can jointly apply to the court to vary or discharge the order. To overturn a prohibited steps order, the applicant must demonstrate that there has been a significant change in circumstances.
Courts look at patterns of compliance over time, not just one incident. A parent with a history of breach may find it harder to secure:
- Unsupervised contact
- Permission to take the child abroad
- Shared care arrangements
- Orders allowing relocation within the UK
Conversely, a clean record after a single historic breach—combined with positive engagement and evidence of change—can improve your prospects over time. Courts are pragmatic: they want to see that the child’s life will be stable and that future court orders will be respected.
How Axis Solicitors can help if a prohibited steps order is broken
Axis Solicitors advise both parents seeking to enforce the order and parents accused of breaching one. We offer services across Manchester, London, Birmingham, and remotely throughout England and Wales. To find out more or to contact us, please get in touch today.
Our key services include:
- Urgent advice where a child is at immediate risk of abduction or removal
- Preparing and responding to enforcement applications
- Representing clients at emergency and final hearings
- Advising on varying or discharging a prohibited steps order
- Guiding clients through the first court hearing and hearing dispute resolution appointment process
If you are facing court proceedings, need urgent action, or simply want to understand your options, we are here to help. Our approach is focused on settling disputes where possible, while providing strong legal representation when needed.
Request a consultation with one of our family law solicitors for tailored advice on your prohibited steps order situation. We can help you navigate the legal process with clarity and compassion.
