Prohibited Steps Orders

A Prohibited Steps Order (PSO) is a powerful legal tool used by the Family Court to prevent a parent from taking a specific action in relation to their child without the court's express permission. It acts as a legal stop sign, intervening to protect a child's welfare when parents are in serious disagreement over a major decision. Whether it's to prevent a change of school, a move to another city, or even a change to a child's name, a PSO is a critical safeguard used to ensure major life changes are made only when they are truly in a child's best interests.

At Central Chambers Law, our senior legal consultants are experts in the law concerning children. We have a profound understanding of the Children Act 1989 and the circumstances in which a Prohibited Steps Order is necessary. Our function is to provide immediate, authoritative advice and to act decisively to protect your child's stability and welfare when a damaging or unilateral decision is threatened.

What is a Prohibited Steps Order?

A Prohibited Steps Order is a type of court order made under Section 8 of the Children Act 1989. It is 'prohibitive' in nature, meaning it forbids a person from taking a certain step that they could otherwise take in exercising their Parental Responsibility.

The order can be used to prevent a wide range of actions. For example, it could stop a parent from:

• Changing a child's surname.
• Relocating the child to a different part of the UK or abroad without consent.
• Removing the child from their current school.
• Making certain decisions about the child's medical treatment.
• Bringing the child into contact with a specific person who may pose a risk.

A PSO is a serious measure, granted only when the court is convinced that the proposed action is not in the child's best interests.

When is a Prohibited Steps Order Used?

A PSO application is typically made with urgency when one parent fears that the other is about to take a significant step that could be detrimental to the child's welfare or would be difficult to reverse.

Common scenarios include:

• Preventing a Name Change: A parent may unilaterally decide to change a child's surname after separation, often without the other parent's consent. A PSO can prevent this.
• Stopping Internal Relocation: One parent plans to move with the child to a different town or city, which would disrupt the child's life and their relationship with the other parent. A PSO can halt the move until the court has decided if it is in the child's best interests.
• Preventing a Change of School: A parent might try to change a child's school against the wishes of the other parent.
• International Travel: If there is a genuine fear that a parent will take a child abroad for a holiday and not return (child abduction), a PSO can be used to prevent the child from being taken out of the country.

The Legal Framework: The Children Act 1989

All decisions regarding Prohibited Steps Orders are governed by the Children Act 1989. The Act establishes two core principles that guide the court:

• The Welfare Principle: The child's welfare is the court's paramount consideration. The judge's decision will not be based on the parents' wishes, but on what is determined to be best for the child.
• The 'No Order' Principle: The court will only make an order if it is satisfied that doing so is better for the child than making no order at all.

To make its decision, the court will apply the 'Welfare Checklist', carefully considering the child's wishes and feelings, their needs, the likely effect of the proposed step, and the parents' ability to meet the child's needs.

The Court Process: Applying for or Opposing a PSO

Because PSOs are often needed urgently, the court process can move very quickly.

1. Urgent Application: The process begins by filing a C100 application form with the Family Court. If the matter is an emergency (e.g., a threat of imminent relocation), an application can be made "without notice" to the other parent for an immediate, temporary order.
2. First Hearing: The court will list a first hearing, often at short notice. The judge will listen to both parents and determine the immediate next steps. If an emergency order was made, this hearing gives the other parent a chance to respond.
3. Filing Evidence: Both parents will be required to file detailed witness statements explaining their position. The applicant must show why the step is not in the child's best interests, while the respondent must justify their proposed action.
4. CAFCASS Involvement: In many cases, a CAFCASS officer will be asked to investigate and prepare a report for the court with recommendations about what is best for the child.
5. Final Hearing: If the parents cannot reach an agreement, a final hearing will take place. A judge will hear all the evidence and make a final, binding decision on whether to grant the Prohibited Steps Order.

Why Central Chambers Law Provides the Definitive Representation

Applications for Prohibited Steps Orders are often high-stakes and time-sensitive. They require a legal team that can act with speed, precision, and a deep understanding of the law relating to children.

Clients trust Central Chambers Law because we provide the robust, child-focused, and highly effective service these urgent cases demand. Our reputation is built on our ability to act decisively to protect a child's welfare and our clients' parental rights. Our approach involves:

• Immediate, Authoritative Advice: We provide a rapid assessment of your situation, advising on whether a PSO is the correct course of action and formulating a strategy for immediate implementation.
• Deep Expertise in Children Law: Our team has an intrinsic, technical understanding of the Children Act and the welfare principles that will determine the outcome of the case. We know how to build a case that a judge will find compelling.
• Decisive and Strategic Action: We are experts at preparing powerful applications under extreme pressure. When a situation is an emergency, we have the experience to secure immediate protective orders from the court.
• Formidable and Empathetic Advocacy: Our senior advocates are seasoned family court practitioners. We have the authority to argue your case persuasively, ensuring your concerns are heard while remaining sensitive to the emotional turmoil these disputes cause.

Our focused expertise means we are perfectly equipped to provide the intelligent and robust representation needed to navigate the challenges of a Prohibited Steps Order application.

Protect Your Child's Stability with Immediate Expert Advice

If you believe that your child's other parent is about to take a significant step that you do not agree with, or if you are facing an application for a Prohibited Steps Order, you must seek specialist legal advice without delay. The window of opportunity to act can be very small.

Contact our expert family law solicitors immediately for an urgent and confidential consultation. Taking decisive action is the only way to protect your child from a potentially damaging or irreversible decision.

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