Where there is a disagreement between parents over what is in the best interest of their child, or there are immediate safeguarding concerns, a Prohibited Steps Order application can be made.
Prohibited Steps Orders are court orders which prevent a parent from taking a specific action regarding their child, such as moving abroad, changing their name, or removing them from their current school.
This is a comprehensive guide to Prohibited Steps Orders for UK parents, covering all of the information you need to know and how our team can support you.
Navigating this blog:
- What is a Prohibited Steps Order?
- When is a Prohibited Steps Order Used?
- Prohibited Steps Order vs Child Arrangements Order
- Who Can Apply for a Prohibited Steps Order?
- How to Apply for a Prohibited Steps Order
- Emergency and Without Notice Applications
- Cost of a Prohibited Steps Order
- How Long Does a Prohibited Steps Order Last?
- Enforcing a Prohibited Steps Order
- Challenging or Overturning a Prohibited Steps Order
- Getting Legal Help
- FAQs About Prohibited Steps Orders
What is a Prohibited Steps Order?
A Prohibited Steps Order is a type of court order (Section 8 of The Children Act 1989) that prevents someone, usually a parent or someone with parental responsibility, from making a specific decision about a child’s upbringing.
The purpose of a Prohibited Steps Order is simple: to prevent any actions from taking place which would negatively impact a child’s welfare or would put them in potential harm.
When is a Prohibited Steps Order Used?
Prohibited Steps Order applications should be made in situations where there is a clear risk that a child’s welfare will be negatively affected by a certain action.
Examples of where a Prohibited Steps Order might be used include:
- Preventing a parent from relocating with a child
- Stopping an unauthorised Change of School
- Preventing changes to a child’s name
- Preventing changes to a child’s religious practices
- Restricting medical decisions
- Protecting a child from abduction
- Protecting a child from domestic violence or abuse
Prohibited Steps Order vs Child Arrangements Order
Parents often confuse Prohibited Steps Orders and Child Arrangements Orders, as both deal with decisions about a child’s care and wellbeing. However, while they are closely related, they serve very different purposes. Understanding the distinction between Prohibited Steps Orders vs Child Arrangements Orders is key to choosing the right legal approach for your family situation.
As a reminder, a Prohibited Steps Order is a restrictive order. This means that its purpose is to prevent a parent from taking a specific action concerning a child without the court’s permission.
By way of contrast, a Child Arrangements Order, on the other hand, is a directive order. This means that its purpose is to set arrangements for where a child will live and how much time they will spend with each parent. The aim is to provide clarity and structure for the child’s day-to-day care after separation.
Prohibited Steps Orders are best suited for situations where there’s a specific concern or risk, such as a parent planning to relocate, remove a child from school, or take action that could affect the child’s welfare.
Child Arrangements Orders are likely to be more appropriate where parents cannot agree on living arrangements or contact schedules and need a clear, court-approved framework for care and contact.
To summarise, as a parent, if you have a concern related to preventing something from happening, a Prohibited Steps Order is likely the right tool. If you need to establish arrangements, a Child Arrangements Order is more suitable.
In many cases, parents apply for both orders simultaneously. For example, a Child Arrangements Order might determine that a child lives primarily with one parent, while a Prohibited Steps Order prevents the other parent from taking the child abroad or changing schools without consent.
Using both orders together allows the court to set clear arrangements and impose safeguards to protect the child’s stability and wellbeing.
Who Can Apply for a Prohibited Steps Order?
The ability to apply for a Prohibited Steps Order is reserved for those who have a recognised legal relationship or responsibility for a child. The Family Court limits eligibility to ensure that only those with a genuine and lawful interest in the child’s welfare can make an application for a Prohibited Steps Order in the UK.
The following people can usually apply for a Prohibited Steps Order:
- Parents (often following divorce or separation)
- Anyone with a Child Arrangements Order specifying that a child lives with them
- Guardians or special guardians
- Local authorities involved in the child’s care
- Step-parents or civil partners who have parental responsibility
Parental responsibility is the legal authority to make decisions about a child’s upbringing, education, and welfare.
- Mothers automatically have parental responsibility.
- Fathers have it automatically if they were married to the mother or named on the birth certificate (for children born after 1 December 2003).
- Unmarried fathers not named on the birth certificate must obtain parental responsibility before applying, either through a Parental Responsibility Agreement or a court order.
How to Apply for a Prohibited Steps Order
The process for applying for a Prohibited Steps Order can vary, but there are various steps which will need to be followed in most instances.
Before applying, it’s strongly recommended to speak to a specialist child law solicitor. At Crisp & Co, our team can assess your situation, confirm whether a Prohibited Steps is appropriate, and prepare the necessary documentation. In some cases, other orders, such as a Child Arrangements Order or Specific Issue Order, may also be relevant.
In most family law cases, the court requires you to attend a Mediation Information and Assessment Meeting (MIAM) before applying. This is to see whether the issue can be resolved amicably without going to court.
Following this, to apply, you’ll need to complete Form C100, which sets out your relationship to the child, the specific action you wish to prevent, and your reasons for seeking the order. If the case involves allegations of harm, you’ll also need to submit Form C1A.
At the hearing, the judge will review the evidence used to support the application and decide whether a Prohibited Steps Order is justified.
Emergency and Without Notice Applications
If there are safeguarding or domestic abuse concerns related to a Prohibited Steps Order application, or if the matter is urgent (such as risk of abduction or harm), the court may waive this requirement so you can apply immediately.
In such cases, you may be able to apply for an Emergency ‘Without Notice Order’. This means the other parent is not informed until after the court has made an initial decision. These orders can often be granted within 24 hours, providing urgent protection.
Cost of a Prohibited Steps Order
There is a £263 fee for making a Prohibited Steps Order application.
You will also need to consider the costs of your legal advice. Our team are upfront and transparent about our fees, so you will have full control over how much you spend from the beginning of your matter.
At your initial consultation, we will provide you with an accurate quote. We will never go beyond this quote without talking to you first about what extra work is necessary.
More information about our costs and funding can be found here.
How Long Does a Prohibited Steps Order Last?
The length of a Prohibited Steps Order depends on the circumstances of the case and what the court believes is necessary to protect the child’s welfare. There is no fixed duration set by law, as each order is tailored to the specific situation.
A Prohibited Steps Order can last for a set period, such as six months or a year, until the child reaches 16 years old (or 18 in exceptional circumstances), or it can be granted on a temporary basis, such as a few weeks, to address a single issue.
Enforcing a Prohibited Steps Order
Both parents are legally bound to follow the terms of a Prohibited Steps Order once it has been granted. If one parent ignores or breaches the terms, the court can take enforcement action.
The court might issue an enforcement order or warn the offending party, which could include specific requirements to prevent further breaches of the Order.
A breach of a Prohibited Steps Order could be considered to be contempt of court. Depending on the seriousness of the breach, the court could impose:
- Fines or compensation orders
- Community service requirements
- Suspended or custodial sentences in more severe cases
Challenging or Overturning a Prohibited Steps Order
Family circumstances can quickly change, meaning that a Prohibited Steps Order could become redundant or unnecessary over time.
You can apply to vary or overturn a Prohibited Steps Order if:
- The situation that led to the order has changed (for example, improved communication or resolved safety concerns).
- The order is no longer in the child’s best interests.
- You believe the court made its decision based on incomplete or inaccurate information.
- The order is causing unintended harm or disruption to the child’s welfare.
For someone to challenge a Prohibited Steps Order, a formal application to the Family Court using a Form C100 must be made.
Getting Legal Help
At Crisp & Co, we understand how stressful and emotionally charged disputes involving children can be. Our experienced family solicitors have extensive experience dealing with Prohibited Steps Orders, from urgent emergency applications to long-term protection and enforcement cases.
For expert advice, get in touch with our Prohibited Steps Order solicitors in London today. We support clients throughout London and the rest of the UK. You can contact us by calling 0330 013 0381 or through your local Crisp & Co office.
FAQs About Prohibited Steps Orders
Q: What Does a Prohibited Steps Order Do?
A: A Prohibited Steps Order (PSO) prevents a parent or guardian from taking specific actions about a child, such as moving them abroad, changing schools, or making major decisions, without the court’s permission. It’s designed to protect the child’s welfare and maintain stability.
Q: How Long Does a Prohibited Steps Order Take to Get?
A: In urgent cases, a Prohibited Steps Order can be granted within 24 hours through an Emergency ‘Without Notice’ application. Standard applications usually take 4–6 weeks, depending on the court’s schedule and the complexity of the case.
Q: What are the Grounds for a Prohibited Steps Order?
A: The court will grant a Prohibited Steps Order if there is evidence that any action, such as relocation, school change, or medical treatment, could harm a child’s welfare or disrupt their stability. The order must be necessary and in the child’s best interests.
Q: Can I Take My Child on Holiday With a Prohibited Steps Order?
A: If a Prohibited Steps Order restricts travel, you cannot take your child on holiday without the court’s permission or the other parent’s written consent. Breaching the order could lead to legal consequences, including enforcement action.
Q: What Happens if I Break a Prohibited Steps Order?
A: Breaching a Prohibited Steps Order can be considered a contempt of court and can result in fines, community service, or imprisonment. The court takes violations seriously and may impose penalties or strengthen the order to ensure the child’s protection.
Q: Can a Prohibited Steps Order Prevent a Parent From Moving?
A: Yes. A Prohibited Steps Order can prevent a parent from relocating a child to another area or abroad without the child's consent. This helps reduce disruption to the child’s routine and protects their relationship with both parents.
Q: Do I Need a Solicitor For a Prohibited Steps Order?
A: While you can apply for a Prohibited Steps Order yourself, having a family law solicitor greatly improves your chances of success. A solicitor ensures your application is accurate, supported by evidence, and handled quickly, especially in urgent or sensitive cases.
Q: What's the Difference Between a Prohibited Steps order and a Specific Issue Order?
A: A Prohibited Steps Order prevents a parent from taking a specific action. A Specific Issue Order allows the court to decide what should happen regarding a particular dispute, such as schooling or medical care.
Q: Can Grandparents Apply For a Prohibited Steps Order?
A: Yes, but grandparents must first ask the court for permission (“leave of the court”) before applying. The court will consider their relationship with the child and whether the application supports the child’s welfare.
Q: How Quickly Can I Get an Emergency Prohibited Steps Order?
A: In urgent cases involving immediate risk, such as potential abduction or harm, an emergency Prohibited Steps Order can be granted the same day, often within 24 hours, without notifying the other parent first.