How to Get a Prohibited Steps Order (and When You Need One)

A Prohibited Steps Order (PSO) is a powerful tool in family law, designed to prevent a parent or anyone with parental responsibility from taking certain actions regarding a child without the court’s permission. Most commonly, PSOs are used to stop a child being removed from the country, enrolled in a new school, or subjected to medical treatment against the wishes of one parent. But the court does not grant these orders lightly. Understanding when a PSO is justified, what evidence is persuasive, and how to apply can make all the difference—especially if you are representing yourself.

When Is a Prohibited Steps Order Justified?

The court’s guiding principle is always the child’s welfare, as set out in the Children Act 1989. A PSO will only be made if it is necessary to protect the child’s best interests. The most common scenarios include:

• Real Risk of Unilateral Action: If there is a genuine concern that the other parent may act without your agreement—such as taking the child abroad, changing their school, or making significant medical decisions—a PSO may be appropriate. The risk must be more than hypothetical; vague worries or suspicions are unlikely to succeed.

• Potential Harm to the Child’s Welfare: The court will consider whether the proposed action could cause emotional, physical, or psychological harm to the child. For example, sudden removal from school or the country can disrupt a child’s stability and sense of security.

• Failed Attempts at Agreement: The court expects parents to try to resolve disputes themselves, often through mediation. If you can show that you have made reasonable efforts to reach agreement and these have failed, this strengthens your case for a PSO.

Evidence That Tips the Balance

The success of a PSO application often hinges on the quality and relevance of your evidence. The court needs to see that your concerns are real and substantiated. Useful evidence includes:

• Messages or Emails Showing Intentions: Written communications where the other parent threatens or discusses taking the disputed action can be highly persuasive. Save and print these messages, making sure to include dates and context.

• Past Incidents of Unilateral Action: If the other parent has previously acted without your consent—such as taking the child out of school or on holiday without notice—document these incidents. The court will look for patterns of behaviour.

• Reports from School, GP, or Social Services: Independent reports can provide crucial context, especially if professionals have raised concerns about the child’s welfare or the impact of sudden changes.

Application Process: Step by Step

Applying for a PSO is straightforward but requires careful preparation:

1. Complete Form C100: This is the standard application form for child arrangements and specific issue or prohibited steps orders. Clearly state the action you want to prohibit and explain why.

2. Set Out Your Evidence: Attach all supporting documents—messages, reports, previous court orders, or any other relevant material. The more organised and specific your evidence, the better.

3. Explain Attempts at Agreement: Briefly outline what steps you have taken to resolve the issue outside court, such as mediation or direct discussions.

4. Urgency: If you believe the risk is imminent, tick the box for an urgent hearing. The court can grant an emergency PSO the same day if necessary, sometimes even without notifying the other parent (known as a “without notice” order).

Common Pitfalls and Ambiguities

• Overstating the Risk: Courts are wary of applications based on exaggerated or speculative fears. Stick to facts and evidence.

• Lack of Evidence: Without clear proof of risk or past behaviour, your application may be refused.

• Not Considering Alternatives: If you haven’t tried to resolve the issue amicably, the court may question whether a PSO is really necessary.

Did You Know?

A PSO can be used to alert HM Passport Office, preventing a passport from being issued for the child without the court’s permission. This is a vital safeguard if you fear abduction.

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Disclaimer: This blog post provides general information for educational purposes only. It is not legal advice. Outcomes can vary based on your personal circumstances.