When Will a Court Grant a Prohibited Steps Order?

In family law, a Prohibited Steps Order (PSO) is a powerful tool used to prevent specific actions by a parent or guardian concerning a child. It is designed to protect the child’s welfare by stopping a parent from making unilateral decisions that could be detrimental. This blog explores the circumstances under which a court might grant such an order, emphasising the key factors and considerations involved in the process.

What is a Prohibited Steps Order?

A Prohibited Steps Order is a legal measure that restricts a parent or guardian from taking particular steps in relation to a child without the court’s permission. This could include preventing travel, changes to schooling or other significant decisions impacting the child’s life. Courts issue these orders based on the child’s best interests, as outlined in the Children Act 1989 in England and Wales.

Circumstances Leading to a Prohibited Steps Order

The court will consider granting a PSO when disputes arise between parents or guardians about decisions affecting the child. The primary consideration is always the child’s welfare. Here are some common scenarios where a PSO might be appropriate:

1. Risk of Abduction: If there is a fear that one parent might take the child abroad without consent, a PSO can prevent the child from being removed from the country.

2. Unilateral Relocation: When a parent intends to move the child to a new location that might affect their education or relationship with the other parent, a PSO can restrict such moves without mutual agreement.

3. Educational Changes: A PSO might be issued if there’s a disagreement about significant changes in the child’s education, such as switching schools or homeschooling, without the consent of both parties.

4. Medical Treatment: In cases where parents disagree over critical medical procedures for the child, a PSO can ensure that no medical treatments occur without consent.

5. Contact with Specific Individuals: A PSO can prevent a child from having contact with certain individuals if there is evidence that such contact would harm the child’s welfare.

6. Concerns of Harm or Abuse: If there are allegations or evidence of potential harm or abuse towards the child, a PSO can be implemented to protect them.

Criteria Considered by the Court

When considering a PSO application, the court assesses several key factors:

– Child’s Welfare: The child’s well-being is the paramount concern, and all decisions revolve around ensuring their safety and happiness.

– Evidence: The applicant must provide solid evidence to demonstrate why the PSO is necessary for protecting the child.

– Intentions of the Parties: The court evaluates the motivations behind the request, ensuring it is genuinely for the child’s benefit and not an attempt to gain an advantage in parental disputes.

The Application Process

Applying for a PSO involves submitting an application to the family court, detailing why the order is required and providing evidence to support your claims. The process may involve a court hearing where both parties can present their case.

Conclusion

Prohibited Steps Orders are vital for maintaining a child’s welfare amidst parental conflicts. Courts grant these orders under specific circumstances where the child’s safety and best interests could be compromised. If you find yourself in a situation where a PSO may be necessary, seeking legal advice is crucial to navigating the process effectively and ensuring the best outcome for your child. Understanding the criteria and preparing adequately can make a significant difference in securing the protection your child needs.

At Alexander JLO we have decades of experience of dealing with family matters especially those relating to children. Why not contact us here or call on +44 (0) 207 537 7000 for a free, no obligation consultation and see what we can do for you?

This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on the 9th April 2025 and is correct at the time of publication. With over forty years of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of London’s leading divorce lawyers. His profile on the independent Review Solicitor website can be found Here