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Understanding a Prohibited Steps Order

Oct 27, 2024
4 min read

Updated: Oct 10

A prohibited steps order (PSO) is a type of court order used in family law cases in England and Wales. It stops one parent, or another person, from taking specific steps about a child's life without the agreement of the other parent or the court's permission. The order is made under section 8 of the Children Act 1989.

A court uses this order when there is a serious disagreement between parents or a concern about a child's welfare. A prohibited steps order helps protect the child's best interests by preventing actions that could harm their wellbeing.

prohibited steps order

Why would you need a prohibited steps order?

You might need the order if you believe the other parent, or someone else, plans to take action that you do not agree with and that could harm your child. Common examples include:

  1. Preventing a parent from relocating with the child. This stops one parent from moving the child to another city or country without your agreement.

  2. Stopping a parent from making major decisions alone. This prevents decisions such as changing the child's school or medical treatment without your input.

  3. Protecting the child from harm. This can stop contact between the child and someone who might pose a risk to their safety or wellbeing.

  4. Preventing abduction. This stops a parent or another person from taking the child abroad without consent.

The order is different from a specific issue order. A specific issue order asks the court to decide a particular question, such as which school a child should attend. A PSO stops something from happening.

How does a prohibited steps order work?

The court grants the order and says clearly what the person may not do. Here is how the process works:

  1. Identify the issue. Decide what action you want to stop and why it would harm the child.

  2. Consider mediation. In most cases you must first attend a mediation information and assessment meeting (MIAM), unless an exemption applies. Examples are cases involving domestic abuse or urgency.

  3. Apply to the court. Submit an application (Form C100) to the family court. If the matter is urgent, you can ask for an emergency hearing, and in some cases a hearing without notice to the other side.

  4. Provide evidence. Show why the action would not be in the child's best interests.

  5. Court decision. The court reviews the evidence and decides whether to make the order, based on the child's welfare.

You can read more about the process on GOV.UK in the guide on making child arrangements if you divorce or separate.

What factors does the court consider?

The court's main concern is the child's welfare. When deciding whether to make this order, the court looks at:

  • The child's safety: is the child at risk of harm if the action is allowed?

  • The child's needs: how will the decision affect their emotional, physical and educational needs?

  • The relationship with each parent: will the action harm it?

  • The child's views: if the child is old enough to give an opinion, the court may take it into account.

  • The effect on the family: how will the order affect the family as a whole?

Prohibited steps orders and parental responsibility

Parental responsibility means the rights and duties a parent has for a child. Usually, a person with parental responsibility can make important decisions. The order can limit how someone uses that responsibility in a particular area. It does not usually remove parental responsibility altogether.

An order can also work alongside other orders. For example, a court may make a child arrangements order about where a child lives and a PSO to stop a move abroad. See our guide to a child arrangements order for more.

How long does a prohibited steps order last?

This order can be short-term or last longer, depending on the situation:

  • Temporary orders: these are often used in emergencies, such as preventing abduction.

  • Longer-term orders: these can last until the child is 16, unless the court decides otherwise. In exceptional cases they can last longer.

If circumstances change, either parent can ask the court to change or end the order.

What happens if someone breaks a prohibited steps order?

Breaking an order is a serious matter. If the person disobeys it, the court can take action. This can include:

  • Fines or other penalties.

  • Enforcement orders.

  • Imprisonment in serious cases.

The court's priority will always be the child's safety and welfare. If your concern is about immediate danger, you may also need an emergency order. Read our guide on emergency injunctions for urgent protection. If a child is at risk of being taken abroad, call the police if there is an immediate threat.

How can Canko Law Firm help?

At Canko Law Firm, we know that disputes involving children are sensitive and emotional. Our solicitors can:

  • Advise you: help you decide whether the order is the right step for your situation.

  • Prepare your application: help with the paperwork and with gathering evidence.

  • Represent you in court: speak for you to protect your child's best interests.

  • Handle urgent cases: if the matter needs immediate action, we can help you apply for an emergency order.

Why choose Canko Law Firm?

  • Specialist expertise: we have extensive experience in family law, including cases involving PSOs.

  • Compassionate support: we understand the emotional challenges of these cases and give sensitive, practical advice.

  • Cross-border knowledge: if your case involves international elements, such as a parent trying to take a child abroad, we are well placed to help.

Contact us today

If you are concerned about your child's welfare and believe this order may be necessary, Canko Law Firm is here to help. Our team will guide you through the process with care and professionalism. We will make sure your child's best interests are protected.

Contact us today to schedule a consultation and take the first step toward safeguarding your child's future.

 
 

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