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 that prohibits a parent from taking certain actions or making certain decisions regarding their child without the court’s permission. 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 Individuals
An Order can also be used to restrict contact between a child and certain individuals. This may include individuals who may pose a risk to the child’s safety or well-being. 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.
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.
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.
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. 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.
What Happens if an Order is Violated?
If a parent violates an Order, they can face serious consequences. This could include fines, jail time 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 to the parent who is subject to it.
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 violates the terms and conditions of the order, the other parent can file a motion with the court seeking a finding of contempt.
To apply for Contempt of Court, the parent seeking enforcement of the Prohibited Steps Order will need to gather evidence of the violation, 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 violated the order.
If the court finds the parent in violation of the Prohibited Steps Order, they may impose penalties or sanctions, such as fines, community service or even jail time.
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.
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 Arrangments 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.
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 there is a court fee to pay. The current Form C100 fee can be found on 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.
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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.
