Prohibited Steps Order

What is a Prohibited Steps Order?

A Prohibited Steps Order (PSO) is a type of court order made under Section 8 of the Children Act 1989. It prevents a parent (or anyone with parental responsibility) from taking a specific action regarding their child without the court's permission.

Unlike a Child Arrangements Order which says what should happen, a Prohibited Steps Order says what must not happen. It is essentially an injunction related to a child.

The court will only make a Prohibited Steps Order if it is in the best interests of the child (the welfare principle under Section 1 of the Children Act 1989).

Common Examples of Prohibited Steps Orders

The most common situations where a Prohibited Steps Order is used:

• Preventing a parent from taking a child abroad - The most common use. Stops a parent from removing a child from England and Wales without consent or court permission
• Preventing a name change - Stops a parent from changing the child's surname or first name
• Preventing a change of school - Stops a parent from moving the child to a different school without agreement
• Preventing contact with specific people - Stops a parent from allowing the child to be around certain individuals
• Preventing a change of GP or medical treatment - Stops one parent from making unilateral medical decisions
• Preventing removal from the primary carer - Stops a parent from keeping the child and refusing to return them

When Should You Apply for a Prohibited Steps Order?

You should consider applying if:

• You believe the other parent is planning to take your child abroad permanently
• The other parent is threatening to change your child's name without your consent
• A parent is about to make a major decision about your child's life without your agreement
• You need to prevent a specific harmful action urgently

How to Apply for a Prohibited Steps Order

Urgent / Emergency Applications

If there is an immediate risk (for example, you believe a parent is about to take a child abroad imminently), you can apply for an emergency Prohibited Steps Order:

• Apply without notice (ex parte) - the other parent is not told in advance
• Contact your local family court directly and explain the urgency
• The court can hear your application the same day
• A temporary order can be made immediately
• A full hearing (with both parties) will be listed within 14 days
• In cases of flight risk, the court can also order the surrender of passports

You do not need a MIAM for genuine emergency applications.

How Much Does a Prohibited Steps Order Cost?

The costs are the same as any C100 application:

| Item | Cost | |------|------| | Court fee (C100) | £263 | | With fee remission | Free | | MIAM (before applying) | £90-£150 | | Solicitor (optional) | £500-£2,000+ |

If you're on a low income or receiving benefits, you may qualify for Help with Fees (Form EX160).

How Long Does a Prohibited Steps Order Last?

A Prohibited Steps Order typically lasts until:

• The child turns 16 years old (the standard duration)
• The court specifies an earlier end date
• The order is varied or discharged by the court
• In exceptional circumstances, the court can extend it to age 18

Either parent can apply to vary or discharge the order if circumstances change.

What Happens if Someone Breaks a Prohibited Steps Order?

Breaking (breaching) a Prohibited Steps Order is a serious matter:

• It is contempt of court and can result in a fine or imprisonment
• The court can impose a sentence of up to 2 years in prison
• If a child is taken abroad in breach of the order, it becomes a matter for the Hague Convention on international child abduction
• The parent who was denied contact can apply for enforcement

Prohibited Steps Order vs Other Orders

| Order Type | Purpose | |-----------|---------| | Prohibited Steps Order | Prevents a specific action | | Specific Issue Order | Decides a specific disputed question | | Child Arrangements Order | Determines where a child lives and who they see | | Non-Molestation Order | Protects from harassment/violence (different legislation) |

A Prohibited Steps Order is specifically about preventing an action. If you need the court to decide something (like which school), you need a Specific Issue Order. If you need to determine living arrangements, you need a Child Arrangements Order via the C100 form.

Do I Need a Solicitor?

You can apply for a Prohibited Steps Order without a solicitor (as a litigant in person). However, legal advice is recommended if:

• Your case involves international elements (child being taken abroad)
• There are allegations of domestic abuse
• The situation is urgent and complex
• The other parent has legal representation

If you qualify for legal aid (for example, due to domestic abuse), you may be able to get free legal representation.

Frequently Asked Questions

Can a Prohibited Steps Order stop someone seeing their child?

A PSO is not designed to stop contact - that is the role of a Child Arrangements Order. However, a PSO can prevent a parent from allowing the child to have contact with a specific third party (such as a new partner who poses a risk).

Can I get a Prohibited Steps Order against a grandparent?

A PSO can only be made against someone with parental responsibility. However, you could get a PSO preventing a parent from leaving the child in the care of a specific grandparent if there are welfare concerns.

How quickly can I get an emergency Prohibited Steps Order?

In genuine emergencies, the court can hear your application and make a temporary order on the same day. You should contact your local family court first thing in the morning and explain the urgency.

Can a Prohibited Steps Order be made before birth?

No, a Prohibited Steps Order can only be made in respect of a child who has been born. However, other legal remedies may be available in exceptional pre-birth situations.

What is the difference between a Prohibited Steps Order and an injunction?

A Prohibited Steps Order is specifically about preventing actions relating to a child's upbringing. An injunction (such as a Non-Molestation Order) is about protecting a person from harassment or violence. They are made under different legislation.

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Official Resources

Legislation & Court Guidance

• Children Act 1989 Section 8 - Legal definition of orders
• Practice Direction 12B - Child arrangements procedure
• Family Procedure Rules - Court procedures
• C100 Form - Application form

Government Guidance

• Gov.uk Child Arrangements - Official guidance
• Court Fees - Current fee: £263
• Legal Aid Eligibility - Free legal help

Mediation & Support

• Family Mediation Council - Find accredited mediators
• National Family Mediation - Mediation services
• Cafcass - Court advisory service
• Resolution - Family law professionals
• Citizens Advice - Free guidance