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Prohibited steps order

Prohibited steps orders can be made by a family court to ensure your child is protected

Our family law experts can guide and support you in making a successful application for a PSO

Call 01572 490 660

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Prohibited steps order

Prohibited steps orders can be made by a family court to ensure your child is protected

Our family law experts can guide and support you in making a successful application for a PSO

Call 01572 490 660

Next Steps

Request Free Discovery Call

Please provide your contact information, and we will organise a complimentary, commitment-free discovery call at a time that works best for you.

Prohibited steps orders

A prohibited steps order (PSO) in family law is a court order issued to prevent a specific action from being taken regarding a child. It is typically used when there's concern that a parent (or someone with parental responsibility) might make decisions that could affect a child’s welfare.
You might consider using a PSO when there's a serious concern about a child's welfare and a potential decision by someone with parental responsibility that could be harmful. Here are some of the scenarios in which you would use a PSO:

  • Relocation - If you’re worried that the other parent is planning to move the child away from you, potentially disrupting their education, social life or relationship with you, a PSO could prevent this relocation until a formal agreement is reached.

  • Medical treatment - Sometimes, parents disagree about their child's medical treatment. A PSO could be used to prevent unauthorised medical procedures.

  • Contact restriction - If you have safety concerns in regard to your child's contact with their other parent or another individual, a PSO could restrict unsupervised contact until the situation is assessed and deemed safe.

  • Abduction risk - If you have a reason to believe the other parent might abduct the child and take them out of the jurisdiction, a PSO can be crucial in preventing this.

  • Changing a child's name - Disagreement about a child's name change can be a source of conflict. A PSO can make sure that this doesn’t happen unilaterally.

The key factor with prohibited step orders, as with all areas of family law involving children, is the child's best interests. The court will only grant a PSO if they believe the prohibited action would be detrimental to the child's well-being.

PSOs are typically temporary measures put in place until a more permanent custody agreement is established through negotiation or court proceedings. We advise that you talk to a family law solicitor before making an application for a PSO. Belderbos Solicitors can advise you on this process, the likelihood of success and the potential implications based on your specific situation.

The pros and cons of prohibited steps orders

Prohibited steps orders are a common mechanism used by a parent when they have serious concerns about the welfare of their child. We often talk to people who are worried about what  the child’s other parent might do. PSOs can be highly effective but remember, this is a court intervention, and there are advantages and disadvantages to using them to address family matters.

Pros

  • Protects child's welfare - The main benefit of PSO is that it safeguards the child from actions that could be detrimental, such as removing them from the country without the other parent's consent, changing their school or withholding medical treatment.
  • Preserves existing arrangement - A PSO can maintain current living situations or contact arrangements for the child until a formal custody agreement is reached.
  • Provides clarity and structure - The prohibited steps order clearly outlines what actions are prohibited, reducing confusion and potential conflict between parents.

Cons

  • Can be costly - We always suggest, where appropriate, negotiation or mediation first.
  • Can be disruptive - A PSO can restrict parental decision-making and potentially put a strain on the relationship you have with your child’s other parent.
  • Potential for misuse - There's a risk that a PSO could be used to gain an unfair advantage in custody disputes, rather than solely for the child's benefit. Our experience is that a court will carefully consider all the evidence to ensure this doesn’t happen.
  • Enforcement challenges - Enforcing a PSO can be difficult, especially if the prohibited person leaves the jurisdiction.

Conclusion:

If you've weighed up the pros and cons and are still considering applying for a prohibited steps order, it's crucial to seek legal advice to understand the process and implications specific to your situation.

Call 01572 490 660

or request a discovery call

We’re here to help

If you are a parent going through a divorce or separation, the welfare of your children is no doubt your greatest worry. We all know how complicated life can be, and the impact on a child when their parents’ relationship breaks down can be complex. We understand and we’re experienced at helping parents reach the best possible child arrangements, including specific issues and prohibited steps.

The kindest and best outcome, especially where children and young people are involved, is achieved by the whole family working together to reach an amicable resolution, in our view. If this isn’t possible and a court application is necessary, we can help and guide you through the process and represent you at court. 

Your interests, and those of your children, will be our priorities.

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