Co-parenting can be a daunting challenge for many separated parents, particularly in circumstances where the parents are not on good terms. Prohibited Steps Orders can be a useful tool, particularly in cases involving child custody and parental disputes. This article delves into the intricacies of Prohibited Steps Orders in the UK, providing a comprehensive guide to understanding what they are, who can apply, and the process involved in obtaining one.
If you are considering applying for a Prohibited Steps Order (PSO) and would like specialist legal advice or assistance, please book a free initial consultation with one of our family law solicitors by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or completing our Free Online Enquiry Form.
What is a Prohibited Steps Order?
A Prohibited Steps Order is a legal injunction used in the UK family courts. It is designed to prevent a specific action from being taken concerning a child without the court’s permission. This order is often used in situations where there is concern that one parent might make decisions that could harm the child’s welfare or remove the child from the other parent’s care or the country without consent.
The scope of a PSO is broad, covering various actions and scenarios. It can restrict a parent from making significant decisions about a child’s upbringing, such as changing their school or relocating them to a different area. It can also prevent a parent from taking the child abroad, which is a common concern in cases of international child custody disputes.
Who can apply for a Prohibited Steps Order?
The eligibility to apply for a Prohibited Steps Order is quite inclusive. Primarily, any individual with parental responsibility for the child can apply. This group typically includes:
- Biological parents, regardless of whether they are married or have been living with the child.
- Legal guardians or individuals with a court-issued residence order for the child.
- Any person who has obtained permission from the court to apply for the order.
In some cases, others connected to the child, like grandparents or extended family members, can also seek permission from the court to apply for a PSO, especially if they play a significant role in the child’s life.
How to get a Prohibited Steps Order
Obtaining a Prohibited Steps Order involves a legal process that requires careful consideration and often, the assistance of a legal professional. The steps generally include:
Application for a Prohibited Steps Order
The process begins with an application to the family court, typically using form C100. This form is also used for other types of family orders, so it is important to specify that a PSO is being requested.
Mediation assessment
Before proceeding with the application, you may need to attend a Mediation Information and Assessment Meeting (MIAM) unless exempt. This step is vital as the court prefers parties to try resolving disputes amicably before it intervenes.
Court hearing
Once the application is processed, a court hearing is scheduled. During this hearing, both parties present their case. The court’s primary consideration is the child’s welfare, guided by the ‘welfare checklist’ outlined in the Children Act 1989.
Issuance of the Prohibited Steps Order
If the court is convinced that a PSO is in the child’s best interests, it will issue the order. The specifics of the order will depend on the case’s circumstances and what the court deems necessary for the child’s welfare.
Enforcement and duration of the Prohibited Steps Order
A PSO can be temporary or permanent, depending on the situation. If violated, legal consequences can follow, necessitating adherence by all parties involved.
When will a Prohibited Steps Order be granted?
The granting of a PSO is a matter of judicial discretion, based on the specific circumstances of each case. The primary consideration for the court is always the welfare of the child involved. However, there are certain situations where the court is more likely to grant a Prohibited Steps Order:
- Risk of abduction
- Preventing immediate harm
- Significant changes in upbringing
- History of unreliable or irresponsible behaviour
- Disagreements on key decisions
It is worth bearing in mind that a Prohibited Steps Order is not a punitive measure against a parent but rather a protective measure for the child. The court’s decision is made with the child’s best interests at heart, balancing the need to protect the child with the importance of the child’s relationship with both parents.
When can you not apply for a Prohibited Steps Order?
While Prohibited Steps Orders are versatile tools in family law, there are specific situations where applying for one may not be applicable or appropriate. Understanding these limitations is crucial for anyone considering a Prohibited Steps Order as part of their legal strategy. Here are some scenarios where a PSO may not be applicable:
Lack of Parental Responsibility
Individuals who do not have parental responsibility for the child must seek permission from the Court before they can apply for a PSO. This includes step-parents, extended family members, or others without a legal or biological relationship to the child.
Trivial or minor decisions
A Prohibited Steps Order is not designed for settling disputes over every day or minor decisions in a child’s life. Matters like routine daily activities, minor medical decisions, or temporary changes in routine generally do not warrant a PSO.
Matters already decided by the Court
If the court has already decided on a specific matter concerning the child, such as custody arrangements or specific aspects of their upbringing, a PSO cannot be used to challenge or change this decision. In such cases, a different legal approach may be required.
Lack of evidence of risk or harm
A Prohibited Steps Order is a significant legal measure and requires substantial evidence or reasonable belief that the child is at risk of harm or that their welfare is in jeopardy. Without such evidence, a court is unlikely to grant a PSO.
Beyond the scope of Family Law
If the concerns about the child’s welfare involve issues that fall outside the scope of family law, such as criminal activities, a PSO may not be the appropriate legal tool. Other legal avenues might be more suitable in such scenarios.
International jurisdiction issues
In cases where the child is not under UK jurisdiction or the matter involves complex international legal issues, a UK court may not have the authority to grant a PSO.
Can a Prohibited Steps Order be opposed?
A Prohibited Steps Order, like any legal order in family law, can be opposed or contested. When one party applies for a PSO, the other party involved has the right to oppose the order, and the court will consider both sides before making a decision.
There are various grounds for opposition to a Prohibited Steps Order, such as it being unnecessary, excessive or going against the best interests of the child. The court will listen to both sides through testimonies and various forms of evidence before making a decision.
If the court finds that the opposition’s arguments are compelling, they might choose not to grant the Prohibited Steps Order or to modify it in some way. If the PSO is granted following opposition, then the opposing party has the right to appeal the decision.
How long does a Prohibited Steps Order last?
The length of time a Prohibited Steps Order remains in effect is determined on a case-by-case basis. The court considers the circumstances surrounding the need for the order and sets a duration that is deemed appropriate to protect the child’s welfare. It can be temporary or permanent, depending on what the court believes is necessary for the child’s best interests. Temporary orders might be used in situations where there is an immediate but not ongoing risk, or where a short-term solution is needed while other issues are resolved.
In many cases, Prohibited Steps Orders are issued for a specific period, which could range from a few months to several years. Sometimes, a PSO is set to last until a specific event occurs, such as the child reaching a certain age, the resolution of a related legal matter, or a change in the circumstances that led to the PSO being issued.
Can a Prohibited Steps Order be overturned?
A Prohibited Steps Order, once issued, is a legally binding decision. However, like many court orders, it is not necessarily permanent and unchangeable. There are circumstances under which a PSO can be overturned, modified, or discharged. So, here is how a PSO can be overturned:
Application for variation or discharge of a Prohibited Steps Order
If the circumstances that led to the making of the Prohibited Steps Order have changed significantly, either party can apply to the court for the order to be varied (changed) or discharged (overturned). You must demonstrate why the order is no longer necessary or should be modified.
New evidence or change in circumstances
The court will consider new evidence or changes in circumstances since the Prohibited Steps Order was made. This could include changes in the child’s needs, the behaviour or situation of the parent, or other relevant factors affecting the child’s welfare.
Appeal against the original decision
If one party believes that the original decision to grant the Prohibited Steps Order was legally incorrect or unjust, they can try to appeal the decision. This process involves a higher court reviewing the decision and the evidence presented in the original hearing. The party will need permission to appeal if the order was made by a Judge, but they have an automatic right to appeal if the order was made by a Magistrate.
Legal criteria for overturning a Prohibited Steps Order
To overturn a Prohibited Steps Order, the applicant must demonstrate that there has been a significant change in circumstances, that the original order was based on incorrect information or assumptions, or that it is no longer in the child’s best interests for the order to remain in place.
Legal advice and representation for Prohibited Steps Orders
Due to the complexity and potential consequences of overturning a Prohibited Steps Order, legal advice and representation are highly recommended. A legal professional can guide the process, ensure that the case is presented effectively, and help navigate the legal system.
How to overturn a Prohibited Steps Order
Overturning a Prohibited Steps Order requires a clear understanding of the legal process and a well-justified reason for the request. Below is a step-by-step guide on how to approach this.
Evaluate the reasons for overturning
Before initiating any legal action, it is important to clearly understand and articulate why the Prohibited Steps Order should be overturned. Common reasons include significant changes in circumstances, new evidence that was not available during the original hearing, or a change in the child’s needs or best interests.
Seek legal advice
Due to the complexity of family law, consulting with a solicitor or legal expert specialising in this area is advisable. They can provide guidance on the likelihood of success and the best strategy to use.
Prepare the application to overturn the Prohibited Steps Order
To overturn a Prohibited Steps Order, you need to file an application with the court. This typically involves completing specific forms and gathering supporting evidence. The application should detail the reasons for requesting the change, including any new circumstances or evidence.
Submit the application to the Court
Once the application is prepared, submit it to the family court that issued the original PSO. There will be a fee associated with this submission unless you qualify for an exemption.
Attend a Mediation Information and Assessment Meeting (MIAM)
In many cases, before a hearing, you will be required to attend a MIAM, unless exempt. This step encourages resolving disputes outside of court when possible.
Service of Documents
The court will serve the other party with the application, providing them an opportunity to respond. They may agree with the request, oppose it, or agree to a modified version of the order.
Court hearing to overturn the Prohibited Steps Order
A hearing will be scheduled where both parties can present their cases. This is the opportunity to provide evidence and arguments supporting the request to overturn the Prohibited Steps Order.
Presentation of evidence
Present any new evidence or information that supports your case. This might include witness statements, expert reports, or documentation of changes in circumstances.
Judge’s decision
After hearing both sides, the judge will make a decision. The judge’s primary focus is the welfare of the child, and they will consider whether overturning the PSO aligns with the child’s best interests.
Outcome and further steps
If the court agrees to overturn or modify the PSO, they will issue a new order. If the application is denied, it is important to discuss further options with your legal representative, including the possibility of an appeal if there are grounds for it.
What is an Emergency Prohibited Steps Order?
An Emergency Prohibited Steps Order is a specific type of PSO used in urgent situations in UK family law. It serves to protect a child’s welfare when immediate action is required to prevent imminent risk or harm. Below is an overview of what an Emergency Prohibited Steps Order entails:
Immediate protection
An Emergency PSO is designed for situations where there is an immediate and significant risk to a child’s welfare. This could include risks of abduction, exposure to harmful behaviour, or any other urgent circumstances that necessitate swift legal intervention.
Expedited process
Unlike standard PSOs, an Emergency Prohibited Steps Orders can be issued on an expedited basis, often without the usual formalities of full court hearings. This allows for rapid response to protect the child.
Prohibited Steps Order without notice
Emergency Prohibited Steps Orders are often applied for ‘without notice,’ meaning the other party is not informed of the application before the order is made. This is to prevent any action that could harm the child before the order is in place.
Criteria for issuing
To obtain an Emergency Prohibited Steps Order, the applicant must provide substantial evidence that the child is at immediate risk of harm. The evidence needs to be compelling enough to justify the urgent and unilateral nature of the order.
Short-term duration
Emergency Prohibited Steps Orders are typically granted for a short period, such as until a full court hearing can be arranged. This is to ensure that any longer-term decisions regarding the child’s welfare are made with full consideration and input from all parties involved.
Subsequent hearings
After an Emergency Prohibited Steps Order is issued, a full court hearing is usually scheduled promptly. At this hearing, both parties have the opportunity to present their case, and the court will decide whether to extend, modify, or discharge the order.
What happens if someone breaches a Prohibited Steps Order?
Breaching a Prohibited Steps Order in the UK is a serious matter, as it involves defying a court order. The consequences of such a breach depend on the circumstances of the case and the severity of the violation. Here is what typically happens if the court finds that a breach has occurred:
Warning or Enforcement Order
The court might issue a warning to the offending party or an enforcement order, which could include specific requirements to prevent further breaches.
Contempt of court
If a warning has already been given, breaching a Prohibited Steps Order can be considered contempt of court, which is a serious offense. Penalties can range from fines to imprisonment, depending on the severity of the breach.
Change in custody or visitation rights
The court may revise custody or visitation arrangements. If the breach indicates that the child is not safe or well-cared for, the court might alter these arrangements to protect the child’s welfare.
Are Prohibited Steps Orders enforceable?
Prohibited Steps Orders are legally enforceable orders issued by family courts in the UK. Their enforceability is important, as these orders are designed to protect a child’s welfare by preventing certain actions. Once a PSO is issued by the court, it becomes a legally binding document. The parties named in the order are required by law to comply with its terms. Non-compliance can result in legal consequences. These include:
Involvement of law enforcement
In cases where immediate risk or harm to the child is evident, law enforcement can be involved to ensure compliance with the order.
Return to court
The case can be brought back to court for enforcement proceedings. The court has the authority to impose penalties or take other actions to ensure the order is followed.
Attachment of a power of arrest
In some instances, the court may attach a power of arrest to a PSO. This means that if the order is breached, the individual can be arrested without the need for a warrant.
Consequences of breaching a Prohibited Steps Order
Breaching a Prohibited Steps Order can lead to several consequences, including contempt of court, which can result in fines or imprisonment. It can also negatively impact the individual’s position in any ongoing or future family law proceedings.
How much does a Prohibited Steps Order cost?
The cost of obtaining a Prohibited Steps Order in the UK can vary depending on several factors. These costs can include court fees, legal representation, and additional expenses related to the case. To give you an idea of price, below is a general breakdown of the potential costs involved.
Court fees for a Prohibited Steps Order
There is a standard fee for filing a PSO application with the family court of £232.
Legal representation
The cost of hiring a solicitor to assist with the application can vary widely. Factors influencing this cost include the complexity of the case, the duration of legal proceedings, and the professional’s rates. Legal fees can range from a few hundred to several thousand pounds.
Legal Aid
In some circumstances, individuals may qualify for legal aid, which can help cover the costs of legal representation and court fees. Eligibility for legal aid depends on factors such as financial situation, the nature of the case, and the potential impact on the child’s welfare.
Mediation costs
Before applying for a Prohibited Steps Order, you may be required to attend a Mediation Information and Assessment Meeting (MIAM). The cost of mediation varies but is generally lower than court proceedings. Some mediators offer a sliding scale fee based on income.
Additional costs for a Prohibited Steps Order
Other potential costs include expenses for gathering evidence, travel to court, and any expert witnesses or reports that may be required.
Do I need to instruct a solicitor for a Prohibited Steps Order?
While it is not legally mandatory to have a solicitor to apply for a Prohibited Steps Order, there are several things to consider when deciding whether to seek legal representation. These include:
Complexity of the case
Family law, especially when it involves children, can be complex and emotionally charged. If your case involves intricate legal issues, international elements, or a contentious relationship with the other party, having a solicitor can be invaluable.
Understanding legal procedures
The legal process for obtaining a PSO involves specific procedures and paperwork. A solicitor can help navigate these requirements, ensuring that all necessary documents are correctly filed and deadlines are met.
Representation in court
If your Prohibited Steps Order application goes to a court hearing, having a solicitor to represent you can be vital. They can present your case effectively, handle cross-examinations, and argue on your behalf based on legal precedents and laws.
Legal advice and strategy for obtaining a Prohibited Steps Order
A solicitor can provide expert advice on the strengths and weaknesses of your case, help formulate a strategy, and advise on the best course of action, including whether a Prohibited Steps Order is the most appropriate measure for your situation.
Emotional support and objectivity
Dealing with family disputes can be emotionally challenging. A solicitor can provide a level of objectivity and professionalism, helping you to make decisions that are in the best interests of the child rather than based on emotional reactions.
Potential for mediation or negotiation
In some cases, disputes can be resolved through mediation or negotiation, which can be less adversarial and costly than court proceedings. A solicitor can facilitate these discussions and work towards an amicable agreement.
Is a Prohibited Step Order right for your situation?
A Prohibited Steps Order is an important component of family law in the UK, providing necessary protection for children in complex family dynamics. Understanding their scope, limitations, and the legal processes surrounding them is crucial for any parent or guardian facing such a challenging situation.
For those considering a PSO, it is important to approach the matter with due diligence and, where necessary, professional legal advice. A solicitor can provide invaluable guidance, ensuring that actions are taken in the best interests of the child and in compliance with legal standards.
How Elite Law Solicitors can help
How Elite Law Solicitors can helpIf you are considering applying for a Prohibited Steps Order, taking expert advice from a specialist family law solicitor will ensure that you have someone on your side who knows the law and understands how the courts work.
At Elite Law Solicitors, our team of family experts have extensive experience of advising and assisting clients with Prohibited Steps Orders. We possess the experience, legal expertise and practical know-how to guide you through the legal processes involved in children related matters and can assist with other orders such as Child Arrangements Orders.
We regularly provide specialist legal advice on children law issues to clients all over the country. In addition to office meetings, we offer remote meetings via telephone and video conferencing software such as Microsoft Teams and can assist you wherever you are based.
Book a FREE initial consultation
If you have any queries relating to any of the issues discussed in this article or would like any advice or assistance in relation to Prohibited Steps Orders, please book a free initial consultation with one of our family law experts by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or completing our Free Online Enquiry Form.
The content of this article is for general information only. The information in this article is not legal or professional advice. If you require legal or professional advice you should obtain independent expert advice from qualified family law solicitors such as those within our firm.
