When parents separate and disagree about how their child should be raised, where they should live, or where they should attend school, difficult situations can arise.
One parent may worry that the other is planning to take an action that could affect the child’s welfare, such as moving abroad, changing schools or making medical decisions without their consent. In these circumstances, an application can be made to the Court for a Prohibited Steps Order (PSO).
A PSO prevents a parent, or anyone with parental responsibility, from taking a specific action regarding a child without the Court’s permission. It’s not designed to give one parent more control than the other, but to protect the child’s best interests and ensure that major decisions aren’t made unilaterally.
The legal basis
Prohibited Steps Orders are applied for under Section 8 of the Children Act 1989, which also deals with Child Arrangements Orders and Specific Issue Orders. The court will only grant a PSO if it believes it is necessary, having taken into account the child’s wishes and feelings, where possible, and the child’s welfare. It must also be proportionate and in the child’s best interests for such an Order to be made by the Court.
Who can apply?
Anyone with parental responsibility can apply for a PSO. This includes the child’s mother, father or legal guardian. In some cases, others such as grandparents or step-parents may apply, but they will need the Court’s permission first.
Applications are usually made when communication between parents has broken down, and there’s a genuine fear that one parent may take significant action without consent. For example, relocating, changing the child’s surname, or altering contact arrangements.
What can a PSO prevent?
A Prohibited Steps Order can be used to stop one parent from taking certain actions regarding a child’s upbringing. Common examples include:
- Moving the child to a new school or a different area
- Taking the child abroad, whether temporarily or permanently
- Consenting to specific medical treatment without the other parent’s approval
The Court will not grant a PSO for minor or everyday parenting disagreements and reserves it instead for matters that could have a lasting or serious impact on the child’s welfare.
How the PSO process begins
You will need to attend a Mediation Information and Assessment Meeting (MIAM) before making an application to the Court, unless there has been domestic abuse or you are applying for a Consent Order. Your solicitor will then complete a Form C100 and submit this to the local Family Court for the child.
Once the application has been issued by the Court, CAFCASS will be instructed to prepare a Child Impact Report and will meet with both parents and, where possible, the child. If the parties are still not in agreement, the matter will proceed to a Court Hearing and the parties will have an opportunity to submit their evidence to the Court and provide their responses to the CAFCASS report. The court will then decide whether to make the PSO.
If a PSO is made, the Order will set out clearly what is prohibited and for how long. It might last for a few months, several years, or until the child reaches 16, depending on the situation.
What the court considers
When deciding whether to grant a PSO, the Court’s primary concern is the child’s welfare. Judges apply the “welfare checklist” from the Children Act 1989, taking into account:
- The child’s physical, emotional and educational needs
- The likely effect of any change in circumstances
- The child’s wishes and feelings (depending on age and understanding)
- Any risk of harm
- The parents’ ability to meet the child’s needs
The court also considers whether a less restrictive option could achieve the same goal before deciding to make an order.
Breach or variation
Once granted, a PSO is legally binding and a breach of the Order can lead to serious consequences, including enforcement action, fines, unpaid work, or even imprisonment in some cases. The Court may also review existing child arrangements if it feels the breach has affected the child’s welfare.
If circumstances change, either parent can apply to vary (change) or discharge (end) the Order. For example, if communication improves or the risk that justified the Order no longer exists, the Court may agree to remove it.
Do you need a solicitor?
Although it’s possible to apply for a PSO without legal help, having an experienced Family Law Solicitor can make the process far smoother. Our team can:
- Advise whether a PSO is the right option for your situation
- Help gather and present evidence effectively
- Represent you during hearings and negotiations
- Explore alternative solutions, such as mediation or Specific Issue Orders
How Dudden Law can help
At Dudden Law, our family team has extensive experience helping parents resolve disputes involving children. Whether you are seeking to apply for a Prohibited Steps Order or responding to one, we will guide you through every stage with clarity, sensitivity and professionalism.
If you are concerned that another parent may take action without your agreement, or if you have been served with an Order, contact our Family Law solicitors today to discuss your options.
Written by
Stacey Bruce
Family Solicitor
