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prohibiting steps orders???
my partner and i have been separated since our son was 5 months old. he has not formed a bond with my son and although he says he is going to take me to court, he hasnt yet. i want to live abroad in the future obviously with my son and wanted to know whether he can stop me. i know theres such a thing as prohibiting steps orders, but is this just if our son regularly stays with him?as this is something which would never happen. is he going to be able to restrict our lives?
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Some people have to apply to the courts for permission to apply for a Prohibited Steps Order. Others have an automatic right to make such an application. As a parent of the child, your partner has the automatic right to have his application considered by the court.
However, your partner's right to make an application doesn't necessarily mean that the court would grant the order. When considering whether to grant a 'Section 8' order, the courts are bound by Section 1(3) of the Children Act 1989. This requires that the court has regard to the following:
# the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);
# his physical, emotional and educational needs;
# the likely effect on him of any change in his circumstances;
# his age, sex, background and any characteristic of his which the court considers relevant;
# any harm which he has suffered or is at risk of suffering;
# how capable each of his parents, and any other person in relation to whom the court considers the matter relevant, is of meeting his needs;
# the range of powers available to the court under this Act in the proceedings in question.
Some people have to apply to the courts for permission to apply for a Prohibited Steps Order. Others have an automatic right to make such an application. As a parent of the child, your partner has the automatic right to have his application considered by the court.
However, your partner's right to make an application doesn't necessarily mean that the court would grant the order. When considering whether to grant a 'Section 8' order, the courts are bound by Section 1(3) of the Children Act 1989. This requires that the court has regard to the following:
# the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);
# his physical, emotional and educational needs;
# the likely effect on him of any change in his circumstances;
# his age, sex, background and any characteristic of his which the court considers relevant;
# any harm which he has suffered or is at risk of suffering;
# how capable each of his parents, and any other person in relation to whom the court considers the matter relevant, is of meeting his needs;
# the range of powers available to the court under this Act in the proceedings in question.
By taking those factors into account, the court might decide that the best thing for your son would be to permit him to start a new life with you abroad. However, you should also be aware that the courts consider the 'Principles and Practice in Regulations and Guidance'. Two of the provisions are as follows:
# Family links should be actively maintained through visits and other forms of contact. Both parents are important even if one of them no longer lives in the family home and fathers should not be overlooked or marginalised.
# Continuity of relationships is important, and attachments should be respected, sustained and developed.
Those provisions could be used to add weight to your partner's application, so you would be unwise to assume that his application would automatically be rejected. (If your partner applies for a Prohibited Steps Order, it's essential that you should seek professional legal advice straight away).
So, it's not possible to give a definitive answer to your question. Certainly he has the right to apply for a PSO but, until the application comes before a court, the outcome must be regarded as uncertain.
Sources:
This information has been based upon several web sources, with this being the principal source:
http://www.spig.clara.net/misc/ch-act.htm
Chris
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