Introduction

Navigating family law can be overwhelming, especially with the sheer amount of jargon and terminology involved. At Family Law Decisions, we believe you’re best equipped for your court case when you understand the process and key concepts. That’s why we’ve created this guide to explain prohibited steps orders (PSOs)—what they are, when they’re used, and how they impact family law cases.

What is a Prohibited Steps Order?

A prohibited steps order (PSO) is a court order that restricts one or both parents from carrying out specific actions related to their child’s upbringing. The order is designed to protect the child’s welfare and can be issued regardless of whether the person involved has parental responsibility.

When is a Prohibited Steps Order Used?

A PSO can be made in a variety of situations, including:

1. During Family Proceedings:
   • For example, when there’s a dispute over a child’s welfare during ongoing divorce or custody hearings.
2. As a Standalone Application:
   • A parent may apply for a PSO independently if a specific issue arises.
3. Alongside Other Children Act Proceedings:
   • It may accompany applications for child arrangements orders or specific issue orders.
4. With or Without Notice to the Other Parent:
   • In urgent cases, a PSO may be issued without alerting the other party (known as an “ex-parte” order).

Factors Considered by the Court

The child’s welfare is always the court’s primary consideration when deciding whether to grant a PSO. The court examines:

• Potential Benefits: Does the proposed action serve the child’s best interests?
• Risks of Harm: Could the action be detrimental to the child?
• Well-being: The child’s health, education, and emotional and physical welfare.

Examples of Prohibited Steps Orders

Here are some common scenarios where a PSO might be applied:

• Preventing International Travel: Stopping a parent from taking the child out of England and Wales without consent.
• Restricting Relocation: Preventing a parent from moving the child to a different part of the country.
• Protecting Contact Arrangements: Ensuring a parent doesn’t allow the child to spend time with someone deemed harmful.
• Safeguarding Identity: Stopping a parent from changing the child’s surname or other key identifiers.
• Removing a Child from Care: Preventing one parent from taking the child out of the care of the other parent.

Key Limitations of Prohibited Steps Orders

While PSOs are powerful tools for safeguarding a child’s welfare, there are limitations to their application:

• Age Restriction:
  • A PSO typically cannot apply to children over 16 unless there are exceptional circumstances.
  • No PSO can extend beyond the child’s 18th birthday.
• Defined Duration:
  • PSOs are often issued for a specific period. For example, they may last while the child attends a particular school or until a set milestone is reached.

How to Apply for a Prohibited Steps Order

To apply for a PSO, you’ll need to complete a C100 form and attend a mediation information and assessment meeting (MIAM), unless an exemption applies (e.g., in cases of domestic abuse).

• Application Process:
  • The application is submitted to the Family Court.
  • In urgent cases, the court may grant a PSO on an interim basis pending a full hearing.
• Legal Advice:
  • While PSOs can be applied for without legal representation, seeking professional advice is highly recommended to ensure your case is presented effectively.

What Happens After a PSO is Issued?

Once a PSO is in place:

• The parent or party must adhere strictly to the terms of the order.
• Breaching a PSO can result in legal consequences, including fines or imprisonment.
• The order may be reviewed or varied if circumstances change, but this requires a formal application to the court.

Useful Resources and Links

• Apply for a Prohibited Steps Order (C100 Form)
• Guide to Mediation Information and Assessment Meetings (MIAMs)
• Help with Court Fees (EX160)
• Support Through Court

Final Thoughts

A prohibited steps order is a vital legal tool designed to protect children’s welfare in cases of dispute. Whether it’s preventing international relocation or safeguarding contact arrangements, PSOs play a crucial role in ensuring decisions are made in the child’s best interests.

If you’re considering applying for a PSO, reach out to a legal professional or a McKenzie Friend for guidance. Their expertise can help you navigate the process and present your case effectively.

Need help? Contact us today for tailored support in your family law case.