Insights & Guidance
What Is a Prohibited Steps Order? Everything Parents Need to Know
Prohibited Steps Orders Explained: Everything You Need to Know
If you're worried that your ex is about to make an important decision about your child without your agreement, you may have heard of a Prohibited Steps Order.
Whether you're concerned about your child being moved to a different school, taken abroad, having their surname changed, or being relocated to another part of the country, a Prohibited Steps Order may be able to help.
At Harrington Family Law, our specialist family solicitors regularly advise parents across Cleckheaton, Brighouse, Holmfirth and West Yorkshire on Prohibited Steps Orders. Below, we've answered some of the most common questions we receive.
What is a Prohibited Steps Order?
A Prohibited Steps Order (PSO) is a Court Order that prevents a person with parental responsibility from making a specific decision about a child without the permission of the Court.
Rather than deciding what should happen, a Prohibited Steps Order prevents something from happening until the issue has been properly considered.
Examples include preventing a parent from:
- Taking a child abroad.
- Changing a child's school.
- Relocating with a child.
- Changing a child's surname.
- Applying for a passport.
- Removing a child from someone's care.
Every application is different, and the Court will only make an Order where it considers it necessary to protect the child's welfare.
Who can apply for a Prohibited Steps Order?
In most cases, a parent can apply for a Prohibited Steps Order if they have concerns about an important decision being made without their agreement.
The Court will consider whether the person making the application has the right to apply and whether an Order is necessary.
If you're unsure whether you can make an application, seeking legal advice beforehand is advisable to ensure you understand the process involved.
What is parental responsibility and why does it matter?
One of the most important concepts in child law is parental responsibility.
Parental responsibility is the legal right to make important decisions about a child's upbringing.
Where more than one person has parental responsibility, significant decisions should usually be made together.
When agreement cannot be reached, this is often when applications for Prohibited Steps Orders arise.
What can a Prohibited Steps Order stop?
A Prohibited Steps Order can prevent many different actions, provided the Court considers it necessary.
Common examples include:
Taking a child abroad
If you are concerned that your child may be taken abroad without your agreement, a Prohibited Steps Order may be appropriate.
If your query relates specifically to holidays abroad, we have written a separate guide explaining when consent is required and what your options are if agreement cannot be reached.
Read our guide: Can My Ex Stop Me Taking My Child Abroad?
Changing schools
Parents sometimes disagree about whether a child should move schools.
A Prohibited Steps Order may prevent a change while the Court considers what is in the child's best interests.
Relocating
If one parent intends to move a considerable distance away with a child, the other parent may ask the Court to prevent the move until the issues have been resolved.
Changing a child's surname
The Court can also prevent a child's surname from being changed where there is a dispute between those with parental responsibility.
What does the Court consider before making a Prohibited Steps Order?
The Court does not automatically make a Prohibited Steps Order simply because parents disagree.
Instead, the Judge's primary consideration is always the child's welfare.
The Court will consider matters such as:
- Why the application has been made.
- Whether there is evidence that the proposed action is likely to take place.
- The impact on the child.
- Whether making an Order is necessary.
- Whether there are alternative ways of resolving the dispute.
Every case is decided on its own individual facts.
Can I get a Prohibited Steps Order urgently?
Sometimes.
If there is evidence that an important decision is about to be made (for example, a child is due to leave the country within days), the Court can deal with applications urgently.
If you believe your situation is urgent, it is important to obtain legal advice as soon as possible.
How long does a Prohibited Steps Order last?
There is no standard length.
Some Orders last until a particular event has taken place.
Others remain in force until a child reaches a certain age or until the Court decides the Order is no longer necessary.
The duration will always depend on the circumstances of the case.
Do I need a solicitor for a Prohibited Steps Order?
You are not legally required to instruct a solicitor, but obtaining legal advice can help you understand:
- Whether a Prohibited Steps Order is appropriate.
- What evidence you may need.
- Whether there are alternatives to Court proceedings.
- How the Court is likely to approach your case.
Early advice can often resolve disputes before they become more complex.
How Harrington Family Law can help
At Harrington Family Law, we understand that disputes involving children can be stressful and emotionally challenging.
Our experienced family solicitors advise clients across Cleckheaton, Brighouse, Holmfirth, Huddersfield, Bradford, Leeds and throughout West Yorkshire on:
- Prohibited Steps Orders
- Child Arrangements Orders
- Specific Issue Orders
- Emergency Family Court applications
Contact our specialist family solicitors.
If you are considering applying for a Prohibited Steps Order, or someone has made an application against you, our team is here to help.
Contact Harrington Family Law today to arrange your free 30-minute consultation or fixed-fee appointment.
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