What is a Prohibited Steps Order?

A Prohibited Steps Order (PSO) is a legal injunction issued by family courts in the UK to prevent a parent or guardian from making specific decisions about a child’s upbringing without the court’s consent. Essentially, it restricts certain actions that one parent might take, ensuring such decisions are made in the child’s best interests and with appropriate oversight.

When might you need a Prohibited Steps Order?

PSOs are typically sought in situations where there is a concern that one parent may make unilateral decisions that could adversely affect the child’s welfare. Common scenarios include:

• Relocation – Preventing a parent from moving the child to a different part of the UK or abroad without mutual agreement.
• Education – Stopping a parent from changing the child’s school without consulting the other parent.
• Name Change – Prohibiting the alteration of the child’s surname without consent.
• Medical Treatment – Ensuring that significant medical procedures are not undertaken without joint agreement.
• Exposure to Certain Individuals – Restricting contact with individuals deemed harmful or inappropriate.

Who can apply?

Individuals with parental responsibility for the child can apply for a PSO. This typically includes:

• Biological mothers
• Fathers married to the mother at the time of birth or subsequently
• Unmarried fathers listed on the birth certificate (for births registered after 1 December 2003)
• Individuals granted parental responsibility through a court order or agreement

If you do not have parental responsibility, you may still apply for a PSO but will need to seek the court’s permission first.

How to apply for a Prohibited Steps Order

1. Mediation Information and Assessment Meeting (MIAM) – Before applying, you are generally required to attend a MIAM to explore whether mediation could resolve the dispute. Exceptions apply in cases involving domestic abuse or urgency.
2. Completing the Application – Fill out the C100 form, specifying the details of the order you are seeking.
3. Submitting the Application – File the completed form with your local family court and pay the applicable fee.
4. Court Proceedings – The court will schedule a hearing, during which both parties can present their cases. The court may also involve the Children and Family Court Advisory and Support Service (CAFCASS) to provide recommendations focusing on the child’s welfare.

Factors the Court considers

When deciding whether to grant a PSO, the court’s paramount concern is the welfare of the child. Factors considered include:

• The capability of each parent to meet the child’s needs
• The child’s physical, emotional and educational needs
• The potential impact of the proposed action on the child
• The child’s age, maturity and expressed wishes
• Any risk of harm to the child
• The capability of each parent to meet the child’s needs

Duration and enforcement of a Prohibited Steps Order

The duration of a PSO varies depending on the circumstances. It may be set for a specific period (e.g. six months to a year) or remain in effect until a particular event occurs, such as the child reaching a certain age or completing their education.

Violating a PSO is a serious matter and can be considered contempt of court. Consequences may include fines, community service or, in extreme cases, imprisonment. If you believe a PSO has been breached, you can apply to the court for enforcement.

Alternatives to a Prohibited Steps Order

In some cases, other legal measures may be more appropriate:

• Specific Issue Orders – These address particular questions about a child’s upbringing, such as decisions about education or medical treatment.
• Child Arrangements Orders – These determine where a child will live and the contact they will have with each parent.

Conclusion

Prohibited Steps Orders serve as a vital tool in family law to protect the best interests of children when parents cannot agree on significant decisions. Understanding the purpose, application process and implications of PSOs can help you navigate these challenging situations more effectively.

If you are considering applying for a PSO or are subject to one, seeking legal advice is highly recommended to ensure your actions align with the child’s welfare and legal requirements.

Contact us today

For personalised guidance and support regarding Prohibited Steps Orders, please contact our family law team for a free 30-minute initial consultation. We are committed to assisting you through every step of this process with professionalism and care.

Complete the call back form below or:

📞 Call: 01625 526 222
📧 Email: contact@sinclairlaw.co.uk

For more information visit https://www.gov.uk/money-property-when-relationship-ends/apply-for-consent-order

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