During a family breakup, emotions can run high, and in some instances, the family court may need to establish legal structures to prevent issues regarding child arrangements.
A Prohibited Steps Order (PSO) is one tool used in contentious cases where the well-being of the child of separated parents may be at risk.
In this article, Stowe Family Law Paralegal Becka Headley delves into what PSOs are, how they function, and how to navigate them effectively.
Understanding Prohibited Steps Orders
A Prohibited Steps Order is a legally binding directive that prohibits an individual from exercising certain aspects of their parental responsibilities. With a PSO in place, the person subject to the order must seek permission from the court before taking actions specified in the order that are typically within a parent’s purview.
These orders are commonly used in cases of parental separation, although they can be imposed on individuals with parental responsibility beyond just parents.
Who can Seek a PSO?
Those who can apply for a Prohibited Steps Order in relation to a child include:
- Any parent, guardian, or special guardian
- Individuals named in a Child Arrangements Order stating the child is to live with them
- Others with parental responsibility for the child
Those outside these categories must seek court permission before applying for a PSO.
Applying for a Prohibited Steps Order
To apply for a Prohibited Steps Order, complete Form C100 and submit it to the relevant Family Court with a fee of £232. The application will then be processed and listed for a hearing.
If automatic permission is not granted, a separate application for permission must be made with the same form and fee, followed by potential further court hearings. Emergency PSOs can also be sought in urgent cases.
Scope of a Prohibited Steps Order
PSOs can address various prohibited actions, such as changing a child’s school or GP, altering their surname, or relocating them without approval. The duration of an order is determined case by case, with a focus on the child’s best interests.
Challenging a Prohibited Steps Order
An order can be appealed or lifted if agreed upon by parties or if it is in the child’s best interests. Breach of a PSO can lead to severe consequences, including fines or imprisonment, unless justified in the child’s best interests.
Further Resources
Links to resources covering the family court’s expectations from parents, relocation issues, schooling disputes, and supporting children through divorce can offer valuable guidance.
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