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When parents separate, or even long after things have settled, disagreements can still arise about what is best for a child. Sometimes, these disputes leave you with no choice than to apply to the court to prevent the other parent from making decisions you believe are not in your child’s best interest.
This article will walk you through everything you need to know about Prohibited Steps Orders (PSOs) and help you decide whether applying for one is the right step for your situation.
What is a Prohibited Steps Order?
A Prohibited Steps Order is a legal order issued by the court that stops one parent from taking certain actions concerning a child without the permission of the other parent or the court.
A PSO can only be made in respect of a child if they are under the age of 16, except in exceptional circumstances (for example, if the child has a disability).
Who Can Apply for a Prohibited Steps Order?
Not everyone can apply for a PSO. However, the following individuals have an automatic right to apply:
- Parents with parental responsibility.
- Guardians appointed by the court.
- Special guardians under a Special Guardianship.
Any other person seeking a Prohibited Steps Order (such as grandparents, stepparents, etc) must first obtain permission from the court before making this application.
When Might You Need a Prohibited Steps Order?
There are many reasons a parent might apply for a PSO. Some of the most common reasons include:
- Preventing the child associating with someone who may negatively influence them.
- Preventing the child from being permanently removed taken out of the country.
- Preventing relocation of the child to another city or country.
- Preventing a change to the child’s surname.
- Preventing a change of the child’s school.
- Preventing a change of the child’s religion.
If there is a risk that the other parent may remove your child from the area or abroad without your consent, it is crucial to seek legal advice as a matter of urgency.
How Long Does a Prohibited Steps Order last?
The duration of a PSO depends on the circumstances of the case. It can be:
- Temporary – lasting until a specific issue is resolved
- Long-term – lasting until the child turns 18
Can You Overturn a Prohibited Steps Order?
Yes. There are several ways a PSO can be changed or removed:
- Apply to vary or discharge the order – you can ask the court to amend or cancel it entirely
- Appeal the order – this can be done if you believe the order was made in error, though appeals must be made quickly and are only granted on specific legal grounds
- Mutual agreement – both parents may agree that the order is no longer needed and apply jointly to have it discharged
In all cases, the court’s primary consideration will always be the welfare of the child.
What Happens if a Prohibited Steps Order is breached?
A PSO is a court order and breaching it is a serious matter. Possible consequences include:
- Contempt of court – which can result in fines, community service, or imprisonment
- Enforcement proceedings – the other parent may seek an enforcement order or a change to existing child arrangements
- Impact on future proceedings – breaches are taken seriously and may negatively affect your position in any current or future family law matters
- Police involvement – some PSOs come with a power of arrest, allowing the police to step in if the order is broken
That said, the court will always consider the reasons behind the breach, particularly if the parent’s actions were motivated by the child’s best interests.
Prohibited Steps Orders vs Child Arrangements Orders
While both orders concern a child’s welfare, they serve different purposes:
- A Prohibited Steps Order prevents one parent from taking specific actions relating to a child.
- A Child Arrangements Order seta out where the child will live and the arrangements for contact with each parent.
Assistance with Prohibited Steps Orders
If you are considering applying for a Prohibited Steps Order, or you are not sure whether one is appropriate, our experienced Family Law solicitors are here to help. Contact us to book an initial consultation, and we’ll explore your options.
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