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Father’s application for Prohibited Steps and Residence Order

18 April 2011

We recently represented a father of two children, both under two years of age, whereby we applied to court for an emergency prohibited steps order to prevent the mother from taking the children without the father’s permission in order to safe guard the children. We also applied for a residence order so that the children could remain living with the father following separation from the mother.

The circumstances of the case were extremely difficult and sensitive as the mother had suffered from severe depression and problems with alcohol abuse. The mother was often in care of the children whilst under the influence of alcohol, whilst the father was out at work. This led to the children being at a serious risk of harm and so court proceedings were issued on an urgent basis following the parent’s separation.

The prohibited steps order was granted immediately and the father was awarded an interim residence order to safeguard the children. The mother was awarded contact on a strict supervised basis only and was asked to give a series of legal promises including not drinking before or during contact. The mother indicated that she would get professional support and assistance and she would not agree to the father having residence of the children.  

Unfortunately the mother’s condition and behaviour deteriorated and she could not show positive steps to recovery.

Consequently, the Court made a final residence order in favour of the father.