By Family Harmony Ltd
When parents separate, most important decisions about a child can be agreed between them. Unfortunately, there are times when one parent may make decisions that the other parent believes are not in the child’s best interests. In these situations, the Family Court can intervene by making a Prohibited Steps Order (PSO).
A Prohibited Steps Order is one of the most common applications made under the Children Act 1989 and is designed to prevent a parent or person with parental responsibility from taking a specific action concerning a child without the Court’s permission.
What Does a Prohibited Steps Order Do?
A Prohibited Steps Order prevents a particular action from taking place. It is essentially a legal instruction from the Court saying:
“You must not do this without the Court’s approval.”
The Court’s primary concern is always the welfare of the child. A PSO is not about punishing a parent; it is about protecting the child’s best interests.
Common Reasons for Applying for a PSO
The Family Court may consider a Prohibited Steps Order where there is a genuine concern that a parent’s actions could negatively affect the child.
Examples include:
Preventing a Child Being Removed from School
A parent may be concerned that the other parent intends to remove a child from their current school without consultation.
Preventing a Change of Surname
A child should not have their surname changed without the consent of everyone with parental responsibility or an order of the Court.
Preventing Relocation
If one parent intends to move a significant distance away with the child, this may affect existing child arrangements and the child’s relationship with the other parent.
Preventing a Child Being Taken Abroad
Where there are concerns that a child may be removed from the UK without agreement, a PSO can prevent international travel pending further Court consideration.
Preventing Medical Decisions Being Made Unilaterally
In certain circumstances, a PSO may be sought where there is a dispute regarding significant medical treatment.
Protecting Existing Child Arrangements
Where one parent repeatedly threatens to disrupt established arrangements, a PSO can provide clarity and protection for the child.
What Does the Court Consider?
The Court applies the welfare principle under the Children Act 1989.
Judges will consider:
- The child’s wishes and feelings (depending on age and understanding).
- The child’s physical, emotional and educational needs.
- The likely effect of any change in circumstances.
- The child’s age, background and characteristics.
- Any risk of harm.
- The capability of each parent to meet the child’s needs.
The Court will ask a simple question:
“Is this order necessary to protect the child’s welfare?”
If the answer is yes, a Prohibited Steps Order may be granted.
Can a PSO Be Made Urgently?
Yes.
If there is evidence that immediate action may be taken, such as removing a child from school, changing their name, or taking them abroad, an urgent application can be made to the Court.
In some cases, the Court can consider the application without notifying the other parent first, although this is reserved for exceptional circumstances.
How Long Does a PSO Last?
This depends on the circumstances.
Some orders are made for a short period to preserve the situation until a full hearing can take place. Others may remain in force until a child reaches 16 years of age or until a further Court Order is made.
What Happens if a PSO is Breached?
A Prohibited Steps Order is legally binding.
If a parent breaches the order, the Court has a range of enforcement powers available, including fines, compensation for losses, enforcement orders, and in the most serious cases, contempt proceedings.
Do I Need a Solicitor?
Many parents successfully make Prohibited Steps Order applications themselves. The process usually involves:
- Attending a MIAM (Mediation Information and Assessment Meeting) unless exempt.
- Completing a C100 application.
- Explaining why the order is necessary.
- Providing evidence supporting the concerns raised.
Understanding what evidence is relevant and how to present your case effectively can make a significant difference to the outcome.
How Family Harmony Can Help
At Family Harmony, we support parents navigating Family Court proceedings without the expense of instructing a solicitor. We can assist with:
- C100 applications.
- Prohibited Steps Order applications.
- Position statements.
- Witness statements.
- Court preparation.
- Hearing support as a McKenzie Friend.
Our focus is always on helping parents present their case clearly while keeping the child’s welfare at the centre of proceedings.
If you are concerned about a child’s welfare and believe a Prohibited Steps Order may be necessary, contact Family Harmony to discuss your options. We offer a free 30 minute consultation.
“Helping families navigate the Family Court process with confidence, clarity and a child-focused approach.”