A Prohibited Steps Order (PSO) is a court order that restricts or prohibits certain actions in family law proceedings, typically involving children. These orders are often used to protect the well-being of children and to prevent harmful actions from being taken by one or both parents.
Who can apply for a Prohibited Issue Order?
Anyone with parental responsibility can apply for a Prohibited Issue Order, which can include:
- Parents
- Stepparents
- Guardians
- Anyone named on a Child Arrangement Order
Other people can apply but you need to ask permission from the court first to make the application and you have to meet certain criteria.
Common Uses of Prohibited Steps Orders
Prohibited Steps Orders can be used to prevent the court from making specific decisions regarding a child. Some common scenarios include:
- Restricting Contact and Preventing the Removal of the Child from the Care and Control of a Parent
- Preventing School Changes
- Preventing Name Changes
- Preventing International Travel
- Restricting Relocation
Restricting Contact and Preventing the Removal of the Child from the Care and Control of a Parent
If you have concerns that your child could be removed from your care by the other parent, a PSO prevents that parent from being able to do so. This is important for example, if a parent with parental responsibility has threatened to collect the child from their school or nursery and has not returned them to the resident parent. To a certain degree, this type of order restricts contact between the child and the parent who has the PSO against them but does not prevent contact from happening.
Preventing School Changes
A PSO can be used to prevent a parent from unilaterally changing the child’s school without the other parent’s consent. This is particularly important when there is a significant disagreement about the child’s education or when changing schools could disrupt the child’s routine or social life.
Preventing Name Changes
If one parent is seeking to change the child’s name without the other parent’s consent, a PSO can be used to prevent the child’s name being changed. This is often a sensitive issue that can have significant emotional and practical implications for the child.
Restricting Relocation
A PSO can be used to prevent a parent from relocating with the child without the other parent’s consent. This is particularly important when the relocation would involve a significant distance, potentially disrupting the child’s relationship with the other parent and their established support network.
Preventing Child Abduction
A PSO can be used to prevent a parent from taking a child out of the country without the other parent’s consent. This is particularly relevant in cases where there are concerns about the parent’s intentions to return the child, or if there is a risk of child abduction.
Applying for a Prohibited Issue Order
Before Submitting Your Application
Prior to filing a Prohibited Steps Order application, unless the application is urgent, it’s advisable to attend a Mediation Information and Assessment Meeting (MIAM). This meeting can help determine if family mediation is a viable option to resolve the dispute without proceeding to court. To book a MIAM, you’ll need to find a mediator. Ensure that the mediator is authorised to conduct a MIAM. If your matter is URGENT, you do NOT have to attend mediation
Filing the Application
To initiate a Prohibited Steps Order, you’ll need to complete and submit a C100 form to the family court. This form can be filled out online or downloaded and filled in manually. There’s a fee associated with submitting the C100 form, which is currently £232. If you’re eligible for legal aid due to low income or benefits, you can request a fee exemption using the EX160 form.
Emergency Applications
If your situation is urgent, indicate this on the C100 form. The court can then prioritise your case for a quicker hearing. However, it’s essential to provide a compelling explanation for why your application qualifies as an emergency.
Legal Representation
While you can represent yourself, it’s strongly recommended to consult with a family lawyer, especially if the matter is complex or involves significant financial implications. Legal representation can help ensure that you comply with court orders correctly and avoid potential penalties, whether intended or not.
Eligibility for a PSO
Not everyone has the automatic right to apply for a PSO. Individuals with parental responsibility can typically apply directly. However, if you don’t have parental responsibility, you’ll need to obtain court permission before making a PSO application.
After Submitting Your Application
Once your application is received by the court, you’ll receive court documents outlining the case reference number and next steps. For urgent cases, the court might issue an interim order to maintain the status quo while gathering more information.
Cafcass Assessment
A Cafcass or Cafcass Cymru advisor will contact you to gather information for the purposes of informing the court on an independent basis. including:
- Safeguarding issues
- Social services and criminal records for both parents
- Concerns you and the other parent may have about the children’s safety and welfare
Court Hearings
The court aims to schedule a first hearing within 2 months of the application. However, due to current delays, it might take longer. At the first hearing, the judge will set directions for the case, which may include:
- Witness Statements: Written accounts of your position and supporting evidence from you and the other party involved in the proceedings.
- Evidence: Disclosure of relevant records from social services, the police, or other relevant organisations.
- Assessments: If necessary, parenting or psychological assessments of one or both parents.
- Alcohol or Drug testing if substance misuse is an issue then hair strand testing may be ordered.
- Next Hearing Date: A scheduled date for the subsequent court hearing.
It’s crucial to adhere to all deadlines set by the court to avoid delays and potential penalties.
Final Decision
After considering the evidence, the judge will decide at the final hearing whether to grant a Prohibited Steps Order. The primary consideration is the child’s welfare, and the court must adhere to the “no order principle” (i.e., only issuing an order if it’s in the child’s best interest).
How long does it take to get a Prohibited Steps Order?
In urgent cases, an emergency Prohibited Steps Order can be issued on the same day the application is filed. However, the court will typically schedule a subsequent hearing to review the order in more detail and determine if it should remain in place.
What happens if I break a Prohibited Steps Order?
If you breach a Prohibited Steps Order, the other party can take legal action to enforce it. This may involve an application for your committal, which means you could face fines or imprisonment. If you are accused of breaking a PSO, it’s crucial to seek legal advice promptly.
How long does a Prohibited Steps Order last?
The length of a Prohibited Steps Order depends on the specific circumstances of each case and the court will determine a duration that they believe is in the best interests of the child, which can range from a few weeks or months to several years. Regardless of the initial duration, a PSO expires when the child turns 18.
It’s important to note that the court cannot make a Prohibited Steps Order for a child who is already 16 or older unless there are compelling reasons to do so. Furthermore, the order cannot be in place while the child is in the care of a local authority.
What is the difference between a Prohibited Steps Order and a Specific Issue Order?
Both Prohibited Steps Orders and Specific Issue Orders (SIO) are legal tools used in UK family law proceedings to address child-related disputes. However, they have distinct purposes and characteristics.
| Order | Prohibited Steps Order | Specific Issue Order |
| Purpose | Prevents a parent/guardian from taking a specific action that could harm the child | Resolves disputes between parents/guardians regarding a child’s upbringing |
| Scope | Focuses on a single action that could be detrimental to the child | Covers a wide range of issues (e.g., education, medical treatment, relocation) |
| Process | Often obtained urgently without a full hearing | Typically involves a court hearing |
| Outcome | Prohibits a specific action | Sets specific arrangements for the disputed issue(s) |
Scenario 1: Parent A Seeks Permission (SIO)
- Parent A: Wants to take the child on holiday.
- Parent B: Does not consent.
- Parent A: Issues an application for a Specific Issue Order (SIO) to obtain permission for the travel.
- Court Hearing: A court hearing is scheduled to address the SIO application.
- Parent B’s Argument: Parent B argues that Parent A is a flight risk and provides evidence to support their claim.
- Court’s Decision: The court issues a Prohibited Steps Order (PSO) to prevent the child from being removed from the UK until further order.
Scenario 2: Parent A Takes Action (PSO)
- Parent A: Wants to take the child on holiday.
- Parent B: Does not consent.
- Parent A: Books the flight and informs Parent B of their intention to leave the country.
- Parent B: Issues an application for a Prohibited Steps Order (PSO) to prevent the travel.
- Court Hearing: A court hearing is scheduled to address the PSO application.
- Parent A’s Argument: Parent A argues that they need to travel for a family holiday and provides evidence of their intention to return.
- Court’s Decision: The court issues a Specific Issue Order (SIO) granting the child permission to travel.
Scenario 3: Parent A Disregards Consent (PSO)
- Parent A: Wants to take the child on holiday.
- Parent B: Does not consent.
- Parent A: Books the flight and informs Parent B of their intention to leave the country.
- Parent B: Issues an application for a Prohibited Steps Order (PSO) to prevent the travel.
- Court Hearing: A court hearing is scheduled to address the PSO application.
- Court’s Decision: The court determines that Parent A is a flight risk and issues a Prohibited Steps Order to prevent the child from being removed from the UK.
In summary, while both orders are used to address child-related issues, SIOs are used to resolve disputes, while PSOs are used to prevent harmful actions. SIOs typically involve a court hearing, whereas PSOs can often be obtained quickly in emergency situations.
Contact a Specialist Child Law Solicitor
If you are thinking of applying for Prohibited Steps Order, it’s crucial to seek legal advice from a qualified solicitor specialising in children law. Our dedicated Family Law Solicitors can guide you through the process and help you understand your legal rights. Please feel free to contact our specialist Child Law Solicitors or call us on 020 8492 2290.
