What Happens If I am Breaking a Prohibited Steps Order?

A prohibited steps order is a Section 8 order under the Children Act 1989, made by the family court in England & Wales. It prevents specific actions regarding a child’s upbringing from being taken without the court’s permission. The order is a legally binding document that limits how parental responsibility is exercised, but it does not remove parental responsibility itself.

A prohibited steps order usually works alongside other court orders such as a child arrangements order. Common actions prevented include:

• Removing a child abroad or out of England & Wales
• Changing a child’s school or enrolling them in a new school without consent
• Altering a child’s religious upbringing
• Allowing contact with a specific person the order names
• Changing a child’s surname

The child must be under 16 for a prohibited steps order to apply, though the order can last until the child reaches 18 years old. Orders automatically end when the child turns 18 years old. Prohibited steps orders can last from a few months to several years, and some orders are made for a fixed period of six to twelve months. The court tailors the duration to protect the child’s welfare, and the court can vary or discharge the order if circumstances change.

Parents of the child can apply for a prohibited steps order. Special guardians and anyone with parental responsibility can also apply, while others need court permission to apply. If the child lives in local authority care under a care order, a prohibited steps order does not apply.

You break a prohibited steps order when you do something the order specifically forbids, or help someone else to do it, without the family court’s permission. Even a single act can constitute a breach.

Typical breach scenarios include:

• Taking a child abroad where the order bans foreign travel
• Changing a child’s school without the other parent’s consent or court order
• Arranging contact with a person the order prohibits
• Withholding or using a child’s passport in breach of the wording
• Allowing a specific person to collect the child involved from school

Even a one-off breach can be serious, especially where there is a risk of child abduction, domestic violence, or emotional harm to the child’s life. Claiming “I did not understand the order” is rarely accepted as a full excuse. Courts expect you to read every line of the sealed court order and seek legal advice if there is any doubt.

Example: Suppose a prohibited steps order is made on 1 March 2025 preventing the mother from taking the child abroad without the father’s written consent. In August 2026, she books a trip to France without seeking consent. That single act is a breach. The court will examine how obvious the clause was, whether the other party was informed, and whether there was a risk of non-return.

Immediate consequences can unfold within hours or days of an alleged breach, particularly where the child’s safety or location is uncertain. This is not a situation that waits for paperwork.

The other parent or carer can make an urgent court application for enforcement or further directions. In urgent cases, a same-day or first court hearing may be arranged if the risk is high enough. The court may then issue short-term directions, such as:

• Requiring the child to be returned to a previous address or school by a specific date
• Ordering that the child’s passport be handed into the court or to one parent’s legal team
• Imposing supervised contact until a further hearing

Where there is suspected child abduction or immediate danger, the police may be contacted straight away. Police can locate and protect a child, acting alongside the family court process. In such cases, immediate protection of the child is the priority.

Formal sanctions for breaking a prohibited steps order are decided by the family court, guided by the child’s welfare as the court’s paramount consideration. Breaking a Prohibited Steps Order is a serious matter in family law, and the court can enforce compliance through various penalties.

After a court hearing where evidence is heard from both sides, the court decides whether the breach has occurred, whether it was intentional, the level of risk to the child, and whether the breach is part of a pattern of non-compliance. Judges will assess the reason for the breach before imposing penalties. Outcomes range from warnings to imprisonment, depending on the specific circumstances.

Warnings, Directions and Enforcement Orders

For a first or less serious breach, the judge may issue a clear warning on the record and give directions to prevent further problems. These might include setting precise handover times, requiring a particular method of communication, or directing attendance at an assessment meeting or parenting programme.

If the court considers stronger action necessary, it may make an enforcement order. Serious breaches may lead to enforcement orders requiring unpaid work under the statutory framework of the Children Act 1989. The offending party could be required to complete a set number of hours, monitored locally.

The court will usually warn that any repeat breach may lead to contempt of court proceedings and more serious sanctions.

Contempt of Court, Fines and Imprisonment

Deliberate or repeated breaches of a prohibited steps order can amount to contempt of court. This is a serious matter in England & Wales. Breaking a prohibited steps order can lead to contempt of court, and penalties for breach may include fines or imprisonment. The maximum imprisonment for contempt in England & Wales is up to two years, though imprisonment is usually a last resort when other measures have failed and there is serious harm or risk to the child.

If you face a committal application, obtaining urgent legal assistance from a family law specialist is essential. This is not a situation where you should attend a court hearing without support.

Changes to Child Arrangements and Parental Involvement

One of the most significant consequences of breaching a prohibited steps order is that the court may no longer trust the breaching parent. Lack of compliance can damage a parent’s credibility in future hearings, and this can negatively affect all future decisions.

The court may vary an existing child arrangements order, for example by:

• Reducing unsupervised time
• Changing who the child lives with
• Imposing supervised contact where there are serious concerns about the child’s safety

Legal implications of breaking a prohibited steps order include potential alterations to custody and visitation rights. Violation of a prohibited steps order may lead to the child being placed with the compliant parent. The court applies the welfare checklist set out in the Children Act 1989, looking at factors including the child’s needs, the likely effect of change, any harm suffered or at risk, and each parent’s capability.

Costs Orders and Financial Impact

The family court can make a costs order requiring a parent who has unreasonably breached an order to pay some or all of the other parent’s legal costs. This can include family law specialist fees, court fees, and expenses linked to urgent or emergency hearings. In complex cases, this may include lawyer’s fees running into thousands of pounds.

For example, if a parent breaches a no-travel clause and the other parent needs to make an emergency court application, the court may order the breaching parent to pay the full cost of that application, potentially several thousand pounds. Early specialist legal advice can sometimes avoid repeated hearings and reduce overall financial risk.

A prohibited steps order is a family court order, but the police may become involved in certain circumstances. Police can arrest a parent breaching an order with a power of arrest where there is an immediate risk to the child’s well being, particularly in cases involving child abduction or domestic violence.

Police can locate and protect a child, but cannot themselves change long-term visitation arrangements or child arrangements. If a child has been wrongfully removed from home, school, or the country in breach of a clear order, contacting the police immediately is appropriate alongside returning to the family court.

When calling the police, have the following ready:

• A sealed copy of the court order
• Key dates and times relevant to the breach
• The child’s details, including last known location
• Any supporting evidence such as messages or photographs

In non-urgent situations, the normal route is to seek advice and make a court application back to the family court, rather than expecting the police to resolve ongoing parental disputes.

Prohibited steps orders are frequently used where there are serious concerns about domestic violence, controlling behaviour, or a real risk that one parent intends to remove or hide the child from the other parent.

An emergency prohibited steps order can be made by the court without first notifying the other party. This “without notice” hearing is used when waiting would risk harm to the child. The court acts to provide immediate protection.

Common emergency scenarios include:

• Threats to take the child abroad without return
• Attempts to move the child to a secret address
• Escalating domestic abuse around handovers or contact

Breaching an emergency prohibited steps order is treated just as seriously as breaching any final order. In fact, it may carry even greater concern because the court has already identified an imminent risk. In such cases, the court considers whether the parent breaches the order despite knowing the urgency behind it.

If you have already breached a prohibited steps order, immediate and responsible action can still make a significant difference to how the family court views the situation at a further hearing or final hearing.

Here is what you should do:

1. Stop the prohibited behaviour straight away. If you have taken the child abroad, arrange a return. If you have enrolled the child in a new school, reverse the change.

2. Restore the previous arrangements as far as possible. Return the child to the agreed home or school.

3. Gather relevant evidence that places your actions in context. For example, if you acted because the child needed urgent medical treatment, keep medical records and a factual timeline with dates and times.

4. Contact a family law specialist as soon as possible. You need tailored advice before any court hearing. A family law specialist can help prepare an honest, coherent explanation and advise on the legal process.

5. Attend all hearings, comply strictly with any interim directions, and demonstrate that you now understand and respect the court orders in place. This is a legally binding obligation and shows the court good faith.

Complete defences to breaching a prohibited steps order are rare. However, the family court will consider the full circumstances, including:

• Genuine emergencies (such as the child needing urgent medical treatment)
• Ambiguity in the wording of the order where the parent reasonably believed their action was permitted
• Situations where the parent acted to protect the child from immediate harm, such as leaving a situation involving serious domestic violence

These factors need strong, objective evidence. Honesty is critical. Attempting to conceal or minimise what happened can seriously damage credibility and may lead the court to impose stricter measures.

The court weighs the impact on the child involved, the parent’s previous record of compliance, and whether the parent has since cooperated fully with the court process. If the parties agree on certain facts, the process can move more quickly. Anyone alleging a breach should also behave responsibly, avoiding retaliatory actions and following court directions carefully. Where an exemption applies, such as acting on police advice, this should be documented thoroughly.

A history of breaching prohibited steps orders can affect all future decisions the family court makes about child arrangements and other Section 8 orders. Repeated breaches can result in changes to child arrangements, and breaking a prohibited steps order can lead to changes in custody arrangements.

Judges often look at patterns over time. Repeated late returns, unauthorised trips, or ignoring school-related restrictions can paint a picture of unreliability. The court may be slower to relax restrictions or grant more generous contact to a parent with a poor compliance record, even if there have been recent improvements.

Positive steps after a breach can gradually rebuild trust. These include:

• Engaging constructively with the other parent
• Completing recommended courses or a mediation information and assessment meeting
• Complying impeccably with new directions over a fixed period

If you are considering new applications, for example to vary a child arrangements order or discharge a prohibited steps order, seek specialist legal advice to understand how any breach history might affect the court’s decision. The court considers each situation on its own merits, but a pattern of non-compliance will usually be a parent’s greatest obstacle.

Kabir Family Law advise on all aspects of family law matters and specialise with child arrangements orders. Contact us on 0330 094 5880 to arrange your free, no‑obligation consultation or book a time that suits you using our online appointment system.   Our family lawyers in York as well across Nottingham, Newcastle, Coventry, Cardiff, Manchester, Northampton, Oxford & London can advise on all aspects relating to a prohibited steps order and work around the clock and will be able to provide you with the advice and you need at a time to suit your needs.

Whether you are looking to obtain a prohibited steps order or are dealing with one parent breaking a prohibited steps order, call us today to discuss your options.

Is breaching a prohibited steps order always a criminal offence?

A prohibited steps order is a family court order, and breaching it is usually dealt with as contempt of court in the civil or family court, not as a criminal prosecution. However, related behaviour such as child abduction or harassment can also lead to criminal charges. The same incident can sometimes have both family and criminal consequences, but the processes are separate and follow different standards of proof.

Can a prohibited steps order stop me taking my child on holiday abroad?

Many prohibited steps orders specifically restrict taking a child abroad without written consent or a further order from the court. If a parent intends to travel, they should check the exact wording well in advance. If needed, apply to the family court for permission rather than risk a breach. A specific issue order may be needed in certain circumstances to authorise a particular trip.

What should I do if I think the other parent is about to break a prohibited steps order?

Keep detailed notes of what has been said or done, contact a family law specialist urgently, and consider an emergency court application. If there is a real and immediate risk of child abduction, violence, or the child being hidden, call the police immediately and have a copy of the order ready. In court proceedings, the court will assess the urgency and whether interim measures are needed.

Can a prohibited steps order be changed if circumstances have moved on?

Either parent, or usually a parent with parental responsibility, or legal guardians, can apply to vary or discharge a prohibited steps order if there has been a significant change in circumstances. The court will again focus on the child’s welfare and best interests, and may expect evidence that the original risks have reduced.

Do I need a family lawyer if I am accused of breaking a prohibited steps order?

While it is legally possible to appear in the family court without legal assistance, the consequences of a breach finding are serious and complex, affecting both immediate sanctions and future child arrangements. Anyone facing allegations of breach should seek specialist legal advice from a family law specialist experienced in how a prohibited steps order is enforced in England & Wales. The right legal advice can make a significant difference to the outcome of your case.