A prohibited steps order is a Family Court order that prevents a parent or another person from taking a specific action concerning a child without the court’s permission. This article explains when a prohibited steps order may be needed, how to apply, what the court considers, and what can happen if the order is breached.
When it comes to disputes over arrangements for children, there are many legal terms and processes that can be confusing and overwhelming. One of these terms is a “Prohibited Steps Order.”
What is a Prohibited Steps Order?
A Prohibited Steps Order (PSO) is a legal order issued by a court under section 8 of the Children Act 1989 that prohibits a parent, or any other person, from taking certain actions or making certain decisions regarding a child without the court’s permission. It can only cover steps that a parent could take in meeting their parental responsibility, such as taking the child abroad, changing their school or arranging medical treatment. This order is typically put in place to protect the child’s best interests and prevent any potential harm or disruption to their life.
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When is a Prohibited Steps Order Necessary?
A Prohibited Steps Order may be necessary in situations where one parent is concerned about the other parent’s actions or decisions regarding the child. This could include concerns about the child’s safety, well-being or overall best interests. Some common reasons for a Prohibited Steps Order include preventing a parent from taking the child out of the country, changing the child’s school or medical care without consent, or exposing the child to harmful or inappropriate situations.
When are Prohibited Steps Orders Used?
Prohibited Steps Orders are used in situations where one parent has concerns about the actions or decisions of the other parent regarding the child. Some common scenarios where Prohibited Steps Orders may be used include:
Preventing Relocation
A Prohibited Steps Order can be used to prevent relocation of a child by one parent without the consent of the other parent. This means that if a parent is planning to move to a different city or country with the child, the other parent can apply for a Prohibited Steps Order to prevent this from happening. The purpose of this order is to ensure that both parents have a say in important decisions regarding the child’s living arrangements and to protect the child’s best interests.
Restricting Contact with Certain Other People
An Order can also be used to stop a parent allowing the child to have contact with a particular person. This may include individuals who may pose a risk to the child’s safety or well-being, such as a new partner with a history of violence. By obtaining a Prohibited Steps Order, a parent can ensure that the child is not exposed to individuals who may have a negative influence or pose a threat. A prohibited steps order cannot be used to limit the other parent’s own time with the child. That is decided by a child arrangements order.
Prohibiting Travel
A Prohibited Steps Order can also be used to prohibit travel with a child without the consent of the other parent. This may be necessary in situations where there is concern that the child may be taken out of the country without permission, or that travel may pose a risk to the child’s safety or well-being. By obtaining an Order, a parent can ensure that the child’s travel plans are restricted and that they cannot be taken out of the country or a specific area without the consent of both parents or the court.
Even without a prohibited steps order, taking a child out of the UK without the consent of everyone with parental responsibility, or the court’s permission, can be a criminal offence. If a child arrangements order says the child lives with one parent, that parent can take the child abroad for less than one month without consent, unless the order says otherwise. A prohibited steps order can close that gap where there is a real risk the child will not be returned. The court can also order a parent to hand over the child’s passport, and in an emergency the police can issue a port alert.
Restricting Medical Decisions
An Order can also be used to restrict medical decisions regarding a child without the consent of the other parent. This may be necessary in situations where there is a disagreement between the parents about a specific medical treatment or procedure. By obtaining a Prohibited Steps Order, a parent can ensure that certain medical decisions are restricted and that they cannot be made without the consent of both parents or the court.
Relationship to the Child Arrangements Order
It is important to note that a Prohibited Steps Order is a separate legal order from a Child Arrangements Order. While both may be used to resolve disputes between parents (or custody battles as they were once referred to), they serve different purposes. A Child Arrangement Order determines who the child lives with, spends time with and has contact with, while a Prohibited Steps Order focuses on specific actions or decisions that one parent is prohibited from taking without consent. The court cannot use a prohibited steps order to achieve something a child arrangements order could achieve.
How is a Prohibited Steps Order Obtained?
In order to obtain a Prohibited Steps Order, a parent must file an application, using a C100 form, with the court. The court fee is £270. You will usually need to attend a MIAM first, unless an exemption applies, for example because the application is urgent, there is a risk of the child being taken abroad, or the application is made without notice. This application should outline the specific concerns and reasons for requesting the order. The court will then review the application and make a decision based on the best interests of the child. It is important to note that a Prohibited Steps Order is not automatically granted and the court will consider all factors before making a decision.
Parents, guardians, special guardians, step-parents with parental responsibility and anyone named in a child arrangements order as a person the child lives with can apply. Others, such as grandparents, need the court’s permission. A prohibited steps order cannot usually be made for a child in local authority care, and it normally ends when the child turns 16 unless the circumstances are exceptional.
Urgent and without-notice applications
Where there is an immediate risk, such as a planned removal abroad, the court can hear an application urgently, sometimes the same day. Orders made without telling the other parent first are only made exceptionally, for example where giving notice would allow them to defeat the purpose of the order. The other parent must then be served with the application within 48 hours and will have the chance to respond at a further hearing.
What Happens if an Order is Breached?
If a parent breaches an Order, they can face serious consequences. This could include being found in contempt of court, which can lead to a fine or imprisonment, or even a change in child arrangements. It is important for both parents to understand the terms of the Prohibited Steps Order and abide by them to avoid any legal repercussions.
Enforcing a Prohibited Steps Order
Informing Relevant Parties
Informing relevant parties about a Prohibited Steps Order is an essential step in enforcing it. When a Prohibited Steps Order is issued, both parents involved in the dispute need to be informed about its terms and conditions. This includes the parent who is subject to the order and the parent who is seeking to enforce it.
To inform the relevant parties, it is important to follow the proper legal procedures. This usually involves serving the Prohibited Steps Order on the parent who is subject to it. Where the order concerns a school or travel, it can help to give a copy to the school or, if there is a risk of removal abroad, to the police.
Additionally, it is advisable to keep a record of the communication and documentation related to the Prohibited Steps Order. This can help in case there is a need to provide evidence of compliance or non-compliance with the order in the future.
Applying for Contempt of Court
Applying for Contempt of Court can be a legal recourse when dealing with a Prohibited Steps Order in disputes about children. If a parent breaches the terms and conditions of the order, the other parent can make a contempt application to the family court.
To apply for Contempt of Court, the parent seeking enforcement of the Prohibited Steps Order will need to gather evidence of the breach, such as documentation, communication records or witness statements. They will then need to present this evidence to the court and explain how the other parent’s actions have breached the order. The breach must be proved to the criminal standard, beyond reasonable doubt.
If the court finds the parent in contempt of the Prohibited Steps Order, they may impose penalties or sanctions, such as a fine or a prison sentence of up to two years, which may be suspended.
Alternatives to Prohibited Steps Orders
Alternatives to Prohibited Steps Orders can be explored in disputes about children when parents want to address specific concerns or issues without obtaining a court order. Here are a few alternatives to consider:
Mediation: Parents can engage in mediation to resolve their differences and come to a mutual agreement regarding the child’s welfare. A neutral third party, known as a mediator, facilitates the conversation and assists in finding common ground.
Parenting Plans: Creating a comprehensive parenting plan can help establish guidelines and expectations for both parents. This plan can outline how decisions will be made and provide a framework for resolving conflicts, although it is not legally binding.
Negotiation and Agreement: Parents can try to negotiate and reach an agreement on specific issues without involving the court. This can be done through open and honest communication, focusing on the best interests of the child.
The Impact of Prohibited Steps Orders
Prohibited Steps Orders can have a significant impact on disputes over children. They can be used as a tool to protect a child from potential harm or to prevent one parent from making decisions that could negatively impact the child’s life. However, they can also create tension and conflict between parents, making it even more difficult to agree a Child Arrangements Order.
In some cases, an Order may be used as a temporary solution while the dispute is ongoing or as an interim step before a Specific Issue Order is finalised. Once a final agreement is reached, the Prohibited Steps Order may be lifted or modified. It is important for both parents to communicate and work together to come to a resolution that is in the best interests of the child. Our child arrangement order solicitors can advise on urgent applications. Call 020 8889 3319, or send us an enquiry.
Frequently Asked Questions
What is a prohibited steps order?
A prohibited steps order is a court order that stops someone from taking a particular step in relation to a child. It is commonly used where there is a concern that one parent may make an important decision without the agreement of the other parent or the permission of the court. Examples may include stopping a parent from taking a child abroad, moving a child to a different school, changing a child’s surname, or relocating with the child. The court will focus on what is in the child’s best interests before deciding whether to make the order.
How much does a prohibited steps order cost?
A prohibited steps order is applied for using Form C100, and the court fee is currently £270 (see the Gov.uk family court fees page). Solicitors’ fees are separate and will depend on the urgency, complexity, evidence required, and whether the application is contested. Some people may qualify for help with court fees if they are on a low income or receive certain benefits. In urgent or sensitive cases, it is sensible to take legal advice before applying so that the application is prepared clearly and supported by the right evidence.
How do I apply for a prohibited steps order?
You usually apply for a prohibited steps order using Form C100, which is the court form used for child arrangements, prohibited steps and specific issue applications. The application should explain what you want the court to prevent, why the order is needed, and how the proposed order protects the child’s welfare. In many cases, you must attend a Mediation Information and Assessment Meeting before applying, unless an exemption applies. If the matter is urgent, for example where there is a risk that a child may be removed from the country, the court can be asked to deal with the application quickly and sometimes without notifying the other party first.
How long does it take to get a prohibited steps order?
The time it takes to get a prohibited steps order depends on the urgency of the situation and the court’s availability. In genuinely urgent cases, the court may consider an application very quickly, sometimes on the same day or within a few days. For non-urgent applications, the process usually takes longer because the court will list a hearing, consider safeguarding information, and give both parties an opportunity to respond. The stronger and clearer the evidence, the easier it is for the court to understand why the order is being requested.
How long does a prohibited steps order last?
It lasts as long as the order says. Some are made until a specific date or event, such as the next hearing, while final orders often last until the child turns 16, or 18 in exceptional cases. Either party can ask the court to vary or discharge it.
Can a prohibited steps order stop my ex taking our child abroad?
Yes. A prohibited steps order can stop a parent removing a child from England and Wales, and the court can order the child’s passport to be handed over. If removal is imminent, contact the police, who can issue a port alert, and ask the court for an urgent order.
Can a prohibited steps order stop the other parent moving away with our children?
Yes, it can stop a move within the UK or abroad until the court has decided whether the move is in the children’s interests. The parent who wants to move can then apply for permission, and the court will decide on the children’s welfare.
Can I get an emergency prohibited steps order?
Yes, where there is an immediate risk, such as a child being taken abroad. You do not need to attend a MIAM first, and the court can hear the application the same day. In exceptional cases it will make the order without the other parent being told first, and then list a further hearing.
What happens if someone breaks a prohibited steps order?
You can apply to the court for the person to be found in contempt of court. If the breach is proved beyond reasonable doubt, the court can impose a fine or a prison sentence of up to two years. If the child has been taken abroad, get urgent legal advice about recovering them.
Can a prohibited steps order be challenged?
Yes. If an order was made without notice, the other parent will have the chance to respond at a further hearing. A party can also apply to vary or discharge an order, or appeal it, usually with permission. The court will decide based on the child’s welfare.
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About the Author
Vasoulla Constantinou is a partner at the firm and Head of Family Law. She is a SRA regulated family law solicitor with over 20 years of experience and has been awarded a specialist accreditation by Resolution, an organisation committed to the constructive resolution of family disputes in a non-confrontational manner. Vas advises clients on all matters relating to family law including divorce, financial issues and child law. For more information visit her full profile.
