Emergency vs Standard Prohibited Steps Orders: Which One You Need

Introduction

Deciding whether to seek an emergency Prohibited Steps Order (PSO) or to bring a standard application can feel bewildering. I see clients who face the prospect of a child being taken abroad, removed from school, or exposed to an unsafe situation, and they want immediate protection. I also advise clients whose disputes are urgent but not immediately irreversible and who may benefit from a more measured approach. This guide explains the practical differences between emergency and standard PSOs in England and Wales, the legal tests the court applies, and how I decide which route to take for each client.

What a Prohibited Steps Order does

A PSO prevents a named person from taking a specific action in relation to a child. Typical prohibitions include removing the child from the jurisdiction changing the child’s school altering medical treatment or obtaining a passport. A PSO does not remove parental responsibility. It limits one or more steps to protect the child’s welfare under the Children Act 1989.

Emergency (without notice) PSOs: when speed matters

An emergency PSO, often described as a without notice or ex parte application, gives immediate short term protection. I use this route only when notifying the other party would increase the risk that the prohibited action will occur before the court can intervene.

When I consider an emergency PSO

I advise an emergency PSO when you can show a real, imminent and irreversible risk. Practical indicators include:

– confirmed travel bookings passports being renewed or visa applications underway

– credible threats that the child will be removed within days or weeks

– attempts to withdraw a child from school immediately

– threats to conceal or hide the child from the other parent or professionals

– situations where notifying the other party would make removal more likely

When the risk meets these criteria I prepare evidence that persuades a judge to grant immediate protection and to schedule a return hearing promptly.

How emergency PSOs work

I file the urgent application, a witness statement explaining the risk and a draft order that sets out the precise prohibition sought. The judge can make a short term PSO without alerting the other party. The order usually lasts only a few weeks and the court sets a date for a return hearing where the other side can respond. At that hearing the judge will expect full and frank disclosure of all material facts relating to the application.

Benefits and downsides of an emergency PSO

Benefits:

– fast protection that can prevent irreversible steps

– prevents the other party from taking immediate actions that would alter the child’s circumstances

– can create breathing space while longer term disputes are resolved

Downsides:

– the court expects strict honesty and full disclosure at the return hearing

– without notice orders often provoke a strong response from the other side, leading to contested hearings

– the interim order is temporary, so you must prepare for follow-up proceedings quickly

Standard (with notice) PSOs: measured protection

A standard PSO proceeds with notice to the other party. I use this route when the risk does not require immediate intervention or when payment of adequate notice allows the court to consider the matter in a balanced way.

When I recommend a standard PSO

I recommend a standard application when:

– you face a significant risk but not an immediate irreversible step

– you can give notice without increasing the chance of the prohibited action

– you prefer to show the court that you offered the other party an opportunity to respond, for example by proposing mediation or constructive negotiation

– the evidence requires time to assemble, such as expert reports or professional records

Standard applications often work well when parties can engage constructively or when a measured approach reduces the likelihood of protracted litigation.

How standard PSOs work

I prepare the Form C100 and supporting witness statements and serve them on the other side. The court schedules a first hearing where directions may include a CAFCASS assessment disclosure of documents and a timetable for a final hearing. The judge will manage the case, encourage resolution where possible and ensure that the child’s welfare remains the primary consideration.

Benefits and downsides of a standard PSO

Benefits:

– the process allows both sides to prepare and reduces the risk of surprise at court

– the court can consider fuller evidence, including expert reports

– parties sometimes reach agreement through negotiation or mediation, avoiding a contested hearing

Downsides:

– if the other parent intends to act quickly, giving notice may enable the prohibited step

– standard proceedings can take longer, which may not suit urgent risks

– costs can rise where contested hearings follow directions and expert work

Legal tests the court applies

Whether I apply without notice or with notice the judge will apply the welfare principle from section 1 of the Children Act 1989 and the welfare checklist in section 1(3). The court will consider:

– the child’s wishes and feelings, consistent with their age and understanding

– the child’s physical, emotional and educational needs

– the likely effect of any change in circumstances

– any harm the child has suffered or may suffer

– the capability of each parent to meet the child’s needs

For emergency PSOs the judge also assesses whether giving notice would prejudice the child’s welfare by increasing the risk of the prohibited step. Clear evidence of immediacy and intent will usually persuade the court to grant interim protection.

Evidence I focus on for different applications

For emergency PSOs I prioritise contemporaneous evidence that shows immediacy. I gather:

– travel bookings, receipts or screenshots of searches for flights or schools abroad

– passport renewal notices, visa applications or receipts

– messages, texts or voicemails that threaten removal or concealment

– witness statements from school staff, neighbours or family members who can evidence sudden behaviour changes

For standard PSOs I assemble a broader evidential package, which may include:

– school records and attendance data

– medical or therapeutic reports showing welfare concerns

– character statements and detailed witness evidence

– expert reports from CAFCASS, psychologists or educational specialists

Organising evidence into a clear chronology and a focused bundle helps judges see the risk in context and determine the right remedy.

Practical factors I consider before applying

When advising clients I balance legal urgency with proportionality, cost and long term outcomes. Key practical questions I ask are:

– How immediate is the risk and can you prove it?

– Would notifying the other party make the risk worse?

– Do you have enough compelling evidence to persuade a judge urgently?

– Could a measured approach or pre-action letter achieve the same result?

– Are there safety issues that require liaison with police or social services?

I discuss funding options and the likely costs for both emergency and standard routes so clients can make informed choices.

Working with CAFCASS and other agencies

CAFCASS often provides welfare reports or conducts interviews that the court will consider. For an emergency application I explain to clients how CAFCASS may be involved at the return hearing. For standard applications I usually recommend early engagement with CAFCASS to speed the report process and reduce surprises at hearings. I also coordinate with schools, GPs and other professionals to obtain timely evidence.

Enforcement and consequences of breaches

A PSO carries the force of a court order. If someone breaches the order you can return to court and seek enforcement, which may include findings of contempt, fines or in extreme cases imprisonment. I advise clients to keep a contemporaneous record of any breaches and to report them immediately. Strong enforcement measures discourage future breaches and protect the child.

Practical client advice

– Act early if you suspect an immediate threat. Early legal advice increases the chance of preventing irreversible steps.

– Preserve evidence. Save messages, take screenshots and obtain written confirmations of bookings or passport activity.

– Be candid with your solicitor so I can present a full and honest case. The court expects full disclosure, especially after a without notice order.

– Consider safer alternatives such as negotiated undertakings or consent orders where appropriate and safe.

– Prepare for the return hearing promptly if the court grants a without notice order. That hearing will determine whether the interim protection should continue.

Case examples from practice (anonymised)

– Client A contacted me after seeing flight bookings and passport renewals. I issued a without notice PSO that prevented removal from the jurisdiction and secured urgent directions for a CAFCASS report. The return hearing confirmed the interim order and the court later made a time limited PSO pending a final resolution.

– Client B faced a dispute over school change that lacked immediate evidence of removal. I issued a standard PSO application, obtained school records and worked with CAFCASS. The parties reached a consent order that protected the child’s education and avoided a contested hearing.

How I decide the best route for you

I tailor my advice to the child’s welfare, the urgency of the risk and the evidence available. If you contact me I will:

– take detailed instructions and assess parental responsibility

– review available evidence and advise whether a without notice application can be justified

– explain likely costs and timescales for each route

– recommend a clear plan that protects the child while minimising unnecessary litigation

Conclusion

Choosing between an emergency and a standard Prohibited Steps Order depends on immediacy, risk and proof. Emergency PSOs protect against real and imminent irreversible actions but demand full disclosure and swift follow-up. Standard PSOs suit situations where notice does not increase risk and where a measured approach improves the prospect of a lasting solution. If you find the process daunting I will guide you through each step, gather robust evidence, and present your case to the court with clarity and urgency when necessary.

If you need urgent advice contact Alexander JLO Solicitors for an initial consultation. I will assess your situation, explain your options and, where appropriate, prepare an application that prioritises your child’s welfare and safety.

At Alexander JLO we have many years of experience of dealing with all aspects of family law and will be happy to discuss your case in a free no obligation consultation. Why not call us on +44 (0)20 7537 7000, email us at info@london-law.co.uk or get in touch via the contact us button and see what we can do for you?

This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on 26th November 2025 and is correct at the time of publication. With decades 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