What is a Prohibited Steps Order?

When parents separate, co-parenting can sometimes be a difficult task, parents may have varying opinions, making decisions about the children extremely difficult. We have all heard the stories of a child being collected from school by one parent and kept from the other parent or the horror story of a parent that wants to get away from it all and simply packs their bags to relocate with the children in tow. There can be a common misconception that the parent with more day to day care of the children is able to make this sort of decision unilaterally. They are not.   

If you become aware that the mother or father of your children is planning to relocate with your children or make a decision without your consent in respect of an aspect of the children’s lives, a Prohibited Steps Order can prevent that from happening. 

What is a Prohibited Steps Order?

A prohibited Steps Order (PSO) is an Order granted by the Court preventing or limiting someone (usually a parent) from taking a certain action or exercising specific aspects of their Parental Responsibility without the express permission of the other. It is dealt with under the Children Act 1989. 

What does a PSO do?

A PSO can deal with an extensive range of parental decisions including changing a child’s school, removing a child from school, changing a child’s surname or relocation of a child within the UK or overseas. The most common reason for an application is where there is a suspicion or a real risk that one parent may remove a child or children from the care of the other parent. A PSO can alleviate and reduce the fear that this will happen, whilst a proper process is undertaken through the Courts. They are not permanent orders.

How do I apply?

In order to apply for a PSO you must have Parental Responsibility for the child in question, if you do not have parental responsibility, you will first need to obtain permission from the court before you can make your application.

As application is made through the family court on a Form C100, due to the nature of the Order, these types of application are often considered to be an emergency application. 

What is the process?

When a PSO is being applied for in an emergency it can be made with or without notice to the other parent. If your application is being made without notice, you must be able to show to the court there is real need for an emergency order and that any notice given to the other parent will have a serious effect on the child’s welfare. 

If this is not shown or if an application is not considered an emergency and you are applying with notice to the other parent, there is a requirement to attend a Mediation Information and Assessment meeting (MIAM), unless an exemption applies to your matter. 

The application is lodged with the family court, together with your evidence, which is usually a through statement including any other evidence you may have to prove your case. A court fee will be payable. 

In an emergency situation where the application is made without notice to the other parent, the court may give the order ‘on paper’ meaning there is no hearing but the Order can be made, the matter is then listed for a return hearing where all parties can have their say. A return is usually within a week – 10 days. The other parent will be provided with a copy of your application and the order made, so that they can respond to it. 

If the application is not an emergency and the other parent is provided with a copy of the application and evidence a hearing will be listed within 4-6 weeks. The Children and Family Court Advisor and Support Services (CAFCASS) will contact both you and the other parent by phone to carry out initial safeguarding checks and prepare a letter to the court.

At the initial hearing if no agreement is reached between you and the other parent a further hearing will be listed with more time allocated and direct any further evidence felt necessary. If the order has already been made on paper the court will decide whether it continues in the interim period while the proceedings continue.

A Prohibited Steps Order can vary in length, the court will impose a duration that they feels serves the best interests of the child. This can be weeks, months, years or until a specified event (i.e until the child finishes full time education) or until a final order is made whereby the parties either agree or a final order is made dealing with the issue in question.

Once the order is made, failure to comply will be considered as a breach and contempt of court. If an order is breached the other parent can apply to the court to enforce the order.

Find Out More

The team at Blanchards Law are highly experienced in emergency applications, we can move quickly to ensure emergency protection is provided without delay. If you are worried your ex-partner may attempt child abduction by taking the child abroad or to another area of the UK without your knowledge or make a decision you do not agree with that will affect your child’s welfare please get in touch with someone in our team who would be happy to discuss your situation with you.