What is a Prohibited Steps Order (PSO)?
A Prohibited Steps Order (PSO) is a legal order issued by the family court that prevents a parent with parental responsibility (PR) from taking certain actions regarding their child without the court’s permission. In essence, a PSO specifies what a parent cannot do in relation to their child, ensuring the child’s welfare is protected.
When is a Prohibited Steps Order Used?
Prohibited Steps Orders are typically sought to address significant concerns where immediate intervention is needed to protect a child. Common uses include:
- Preventing a child from being removed from a specific parent’s care.
- Stopping a child from being taken out of the jurisdiction of England and Wales.
- Ensuring a child remains at their current school.
- Preventing a change to the child’s name.
Emergency Prohibited Steps Orders
PSOs are often sought in emergency situations and can be issued at without notice hearings (ex-parte), where the respondent is not initially notified or invited to attend.
To secure an emergency PSO, the applicant must demonstrate that there is an urgent need due to a significant potential change to the child’s circumstances or welfare. If the situation does not warrant an emergency order, a standard hearing will be scheduled, allowing both parties to attend and present their cases.
Applying for a Prohibited Steps Order
To apply for a PSO:
- Attend a Mediation and Assessment Meeting (MIAM) unless an exemption applies.
- Complete Form C100 to file the application.
- If you do not have parental responsibility, you must also file Form C2 to request permission to apply for a Children Act 1989 order.
Preparation Tip:
It is highly recommended to attend court with a professionally drafted position statement. This document outlines your reasons for applying (or opposing) the PSO in a clear, concise format, making it easier for the court to understand your argument.
Key Considerations for Prohibited Steps Orders
- Relation to Parental Responsibility:
PSOs must address matters of parental responsibility, though the respondent does not necessarily need to have PR. - Limitations:
PSOs will not be granted if:- The result could be achieved through a Child Arrangements Order.
- The effect would be the same as an Occupation Order or Non-Molestation Order.
- The issue is considered frivolous or trivial.
- Clarity and Specificity:
A PSO must be clear and specific in its terms to avoid ambiguity. - Competent Child’s Wishes:
Courts are unlikely to issue a PSO against the wishes of a child deemed competent to make decisions, except where it is necessary to protect the child’s welfare.
Learn more about Child Arrangements Orders, Occupation Orders, Non-Molestation Orders
Conclusion
A Prohibited Steps Order is a powerful tool to safeguard a child’s welfare by preventing certain actions by a parent or guardian. Whether addressing an emergency or resolving ongoing disputes, PSOs ensure that decisions prioritise the best interests of the child.
For guidance on applying for a PSO, including how to complete Form C100, check out our free guide to streamline the process.
