Prohibited Steps Orders, often referred to as PSOs, are legal documents that determine whether it is in the best interests of a child for something to be prohibited. These orders play a crucial role in ensuring the well-being and stability of children in such situations. Often, these orders are made to prevent a parent from relocating out of the jurisdiction or preventing a parent taking a child on holiday if there are serious safeguarding concerns surrounding this trip.
Why are Prohibited Steps Orders necessary?
Both parents have parental responsibility when it comes to the children however often, one parent seeks to implement a change in the child’s life which the other parent may not agree with.
Parents should always include the other in major decisions relating to the children however in the event parents cannot agree regarding a decision, or one parent intends to implement a change the other parent has not been consulted about properly, that parent can make an order to ‘prevent’ something from happening pending the court’s determination as to whether that should happen.
How to Apply for a Child Arrangements Order
To initiate the process of obtaining a Prohibited Steps Order, parents can take the necessary steps to apply through the court system if prior attempts to resolve the matter without court have taken place.
This application can be made on an urgent basis, or a ‘without notice’ application (a hearing or order taking place without the other person knowing about it) if the applying parent has a cause for concern that the other parent may do something urgently if they were made aware of the pending application and this impacts the child’s welfare.
The relevant form is the C100 and a supporting statement, however it is advised to speak to one of specialist team for advice regarding the application, how it can be expedited and what information should be included in the application. It’s important to provide accurate and comprehensive information to avoid delays in the process.
Once the application has been submitted, the court will review the information provided and determine whether a Prohibited Steps Order is necessary. They will also consider any urgent request and if the threshold is met to warrant the application being dealt with urgently.
In the first instance, the court could list an urgent hearing to consider any order that should be put in place before the other parent finds out about it. Depending on the nature of the application, the court may require further information or evidence to support the application, such as witness statements or reports from professionals involved in the child’s life.
Factors Considered in Prohibited Steps Order
When determining a prohibited steps order, the court considers several factors to ensure the child’s best interests are met. If for example the application is to prevent a child from moving within the jurisdiction, the court will consider the impact of the move on the child namely, how it will affect the relationship between the child and the left behind parent, the opportunities for the child where they are moving to and if the child has any additional needs which could mean the move is more disruptive for the child.
If the application is to prevent the child from going abroad on holiday for example, the court will consider whether it is in the child’s best interests to not go on such holiday, including the risks the parent is concerned about and if these overrule the benefits of the holiday.
The court will also consider each parent’s ability to meet the child’s physical, emotional, and educational needs, and their willingness to promote a positive relationship with the other parent.
Additionally, the court takes into consideration the child’s wishes and feelings, depending on their age and maturity. The court understands that older children may have a better understanding of their own needs and preferences. However, it’s important to note that the child’s wishes aren’t the sole determining factor in the court’s decision. The court will also assess whether the child’s wishes are genuine and not influenced by one parent over the other.
Breaching a Prohibited Steps Order
If a parent breaches the prohibited steps order, this can be a serious matter. Penalties for breaching such order could include fines, courses, potentially imprisonment and the court considering. Once a Prohibited Steps Order is in place, it’s essential for both parents to adhere to its terms and ensure that the child’s best interests are prioritised.
Frequently Asked Questions
Can a Prohibited Steps Order Be Changed or Modified After It Has Been Granted?
Yes, a prohibited steps order can be changed or modified after it has been granted. This can happen if there are changing circumstances that have an impact on the child’s welfare, or for example if parents change their minds or agree a change in the future.
The court will consider any new evidence or information that’s presented and may decide to make changes to the order to better meet the child’s needs.
Alternatively, if parents agree to any change, a consent order could be issued to the court to vary a prohibited steps order.
It’s important to seek legal advice if you believe that a prohibited steps order needs to be modified.
Are Prohibited Steps Orders Only Applicable to Parents or Can Other Family Members Apply for Them as Well?
Alternate family members, such as grandparents or siblings, can also apply for prohibited steps orders, not just parents.
The court considers the child’s welfare as top priority when deciding on such applications. It is important for extended family members to understand their rights and consult with legal professionals to navigate the complexities of prohibited steps orders and if the court is likely to make such order.
How Long Does It Typically Take to Obtain a Prohibited Steps Order?
On average, obtaining a Prohibited Steps Order can take several months. The duration can be influenced by various factors such as the complexity of the case, the willingness of both parents to cooperate, and the availability of court resources.
It’s important to note that each case is unique, and the timeline may vary. However, seeking legal advice and actively participating in the process can help expedite the proceedings and achieve a resolution more efficiently.
It is important to speak to us if the application is urgent as we can advise as to whether the application can be expedited to protect the child.
