A Prohibited Steps Order (PSO) restricts the exercise of Parental Responsibility on a particular issue.
This article aims to shed light on what these orders are, when they can be sought, and the implications for families involved in legal proceedings.
What is a Prohibited Steps Order?
A Prohibited Steps Order is a legal order used in family law cases in disputes over children, primarily aimed at preventing a parent or guardian from taking specific actions or steps regarding a child’s welfare without the permission of the other parent or consent of the court.
Under Section 8 of the Children Act 1989, such orders can be applied for when there is a concern that a child’s well-being may be at risk due to the actions of one parent.
Prohibited Steps Orders can be applicable in various scenarios, some of which include:
Preventing Relocation:
If one parent wishes to move with the child to another country or area, the other parent can seek a PSO to prevent this relocation until the matter is resolved.
Travel Restrictions:
A PSO may be necessary to prevent a parent from taking a child on holiday or overseas, particularly if there are concerns about that parent’s intentions or safety.
Medical Decisions:
If a disagreement arises over medical treatment or significant health decisions, a PSO can restrict one parent’s ability to make such decisions without joint consent.
Changes in Education or Religious Upbringing:
Parents may seek a PSO to maintain the child’s educational environment or religious upbringing in cases of parental disagreement.
Who Can Apply for a Prohibited Steps Order?
Initially, only individuals with parental responsibility can apply for a PSO. This includes:
- Any Parent, Guardian or Special Guardian
- any step-parent with parental responsibility
- any person with permission
- Any person with a Child Arrangements Order
While relatives or other third parties might express concerns, they typically do not have the standing to directly apply for a PSO without parental responsibility unless they have been granted leave by the court. This requires a separate application for permission and there is no guarantee this will be granted.
Applying for a Prohibited Steps Order
Unless the matter is urgent you will be expected to consider mediation before embarking on an application to court.
Mediation aims to resolve disputes amicably, emphasizing the importance of parental cooperation for the child’s benefit.
If mediation is not appropriate [for example in the situation where there has been domestic abuse] then an application to court may be needed.
The applicant must file with the family court using a specific form to initiate the process. This form outlines the reasons for seeking the PSO and the order you are asking the court to make.
The matter will be listed for a hearing where both parents can present their cases. The court will assess the situation, taking into account the child’s welfare as the paramount consideration.
The court will make a decision based on evidence, focusing solely on what is in the best interests of the child. As well as hearing evidence from the parents the court may also hear expert evidence depending upon the facts and circumstances of the case.
If granted, the order will specify the actions prohibited, and violating the order can lead to serious legal consequences. Being in breach of the order is a contempt of court and this is a very serious matter.
Considerations for the Court
When deciding whether to grant a PSO, the court considers:
- The child’s best interests as the primary factor
- The nature of the proposed action and its potential impact on the child
- Evidence of risk or harm if the prohibited steps are taken
- The conduct of both parents and any relevant background information
The court operates on the principle that any decision must serve the child’s welfare and stability, emphasising the need for careful consideration before any restrictive orders are issued.
Enforcement and Consequences
Should a Prohibited Steps Order be breached, the affected party can return to court to seek enforcement. Possible consequences for include but are not limited to:
- Changing the arrangements for where the child lives or the time they spend with the other parent
- Orders for contempt of court
Family disputes can be emotionally charged and complex, especially when it comes to the arrangements for children. Having a clear understanding of legal options, including Prohibited Steps Orders, is essential for parents. If you are concerned you may need to apply for a PSO it is always best to take advice from a specialist solicitor.
How Nelsons can Help
Melanie Bridgenis a Partner inour Family Law team.
At Nelsons we have an award-winning team of family lawyers who are able to advise on all aspects of family law. If you need advice on any related matters, please contact Melanie or another member of the team in Derby,NottinghamorLeicesteron0800 024 1976or viaour online form.
Melanie or the team will be happy to discuss your circumstances in more detail and give you more information about the services that our family law team can provide along with details of our hourly rates and fixed fee services.
This article is for information only and does not constitute legal/financial advice. Please contact us for advice tailored to your specific position. Some of the content presented on our website has been generated with the assistance of Artificial Intelligence (AI). We ensure that all AI-generated content meets our high standards for accuracy and relevance.