Evidence That Helps Obtain a Prohibited Steps Order: Tips from a Family Lawyer

Introduction

If you worry someone will remove a child from the country change their school alter medical treatment or take another important step without your consent you may need a Prohibited Steps Order (PSO). I prepare PSO applications regularly and I know that the strength and organisation of your evidence often decides the outcome. This guide explains what evidence matters, how I collect and present it, and practical steps you can take to improve your chances in court. I write in plain English and focus on the law in England and Wales to help clients who find the process daunting.

Understand the legal test and focus evidence on welfare

The court decides PSO applications using the welfare principle in the Children Act 1989 and the Section 1(3) welfare checklist. Evidence succeeds when it links facts to the child’s welfare. I always ask: how does this document statement or report show risk to the child’s physical emotional or educational needs? Avoid evidence that is merely argumentative. Collect material that shows likely harm, change in circumstances, or the immediacy of a risk.

Preserve contemporaneous evidence immediately

Contemporaneous evidence carries weight because it records events close to when they happened. Take these steps as soon as you suspect a risk:

– save text messages emails social media posts and voicemail messages

– screenshot online searches booking confirmations and web pages with timestamps

– keep originals of physical documents such as travel itineraries passports or letters

– ask witnesses to write brief dated notes while memories are fresh

I instruct clients to create a secure folder for digital copies and to avoid deleting anything relevant, even after disputes become heated.

Build a clear chronology

Judges appreciate a succinct chronology that ties documents to dates and events. I prepare a one to three page chronology for every PSO application that:

– lists key dates in chronological order

– summarises the action taken on each date and who was involved

– cross-references documents in the bundle by page number

A clear chronology helps the judge understand urgency and prevents useful evidence from getting lost in a long bundle.

What witness statements should include

Witness statements form the backbone of a PSO application. I draft or edit statements so they:

– state facts plainly and in chronological order

– identify the witness, their connection to the child and their direct knowledge

– avoid speculation, opinion, or inflammatory language unless the witness is giving expert opinion

– explain how each fact affects the child’s welfare

Encourage witnesses such as relatives

teachers neighbours or social workers to sign and date their statements. Independent third party statements often appear more persuasive than statements from people who are emotionally involved.

Electronic evidence: preserve authenticity and metadata

Electronic evidence needs careful handling to preserve authenticity. I advise clients to:

– save screenshots with clear timestamps and keep the original device where possible

– where email correspondence matters, keep the original email header information

– preserve metadata for photos or documents if possible and inform me so I can instruct forensic support if needed

I explain that judges can discount electronic evidence that lacks provenance, so preserving authenticity early saves time and credibility later.

Documents that commonly strengthen PSO applications

Certain documents often persuade courts because they show intent, preparation or harm:

– travel bookings receipts and passport renewals that indicate plans to remove a child from the jurisdiction

– emails or messages confirming travel arrangements or relocation plans

– school attendance records correspondence with the school showing attempts to withdraw the child

– medical records that show ongoing treatment or concerns relevant to the disputed decision

– police reports or MARAC notes where safety concerns or coercive behaviour exist

– previous court orders and records of breaches

When clients provide these documents promptly I can link them to the welfare checklist and the application becomes focused and credible.

Professional reports and expert evidence

The court values independent professional assessments. I consider instructing or relying on:

– CAFCASS welfare reports, which the court often orders and which carry significant weight

– paediatric or psychiatric reports where medical or developmental issues matter

– educational psychologist reports for school placement disputes

– forensic accountants for relocation cases involving complex finances

I weigh the need for experts against cost and time. For urgent without notice applications I concentrate on immediate evidence and ask the court for prompt expert involvement at the return hearing.

How I prepare the bundle and present evidence

A tidy bundle helps the judge find the point quickly. I prepare a bundle that:

– contains a short index and highlights the most important documents

– includes a concise statement of the orders sought and a one page summary of the case

– groups evidence by type and links documents to the chronology and witness statements

I aim to present a single focussed narrative. A clear, persuasive bundle reduces the chance of challenges and speeds the court’s decision.

Handling safeguarding and disclosure issues

Where safeguarding concerns arise you must disclose relevant material to the court including facts that might undermine your case. I advise clients to:

– be candid about incidents that relate to risk or parental behaviour

– provide the court with police or social services records where relevant

– explain any omissions promptly and honestly at the return hearing if we applied without notice

Full and frank disclosure protects credibility. The court will penalise deliberate concealment, which can damage the wider case and your standing as a witness.

Preparing for a without notice application

If we need an urgent without notice PSO I focus on immediacy. For these applications I prepare evidence that shows:

– the precise step we want to prohibit and why it is imminent

– documents such as flight bookings passport activity or bank transfers that show preparation

– why notifying the other party would increase the risk of the prohibited step occurring

I also prepare the client for the return hearing where the court will expect full disclosure and a fuller evidential package.

Working with CAFCASS and other professionals

CAFCASS officers often provide the court with the most influential welfare evidence. I prepare clients by:

– explaining what CAFCASS will look for and how interviews are conducted

– providing CAFCASS with a clear bundle and chronology to speed their assessment

– anticipating questions and advising clients on honest, child focussed answers

I also coordinate with schools GPs police and social services to secure written input where appropriate.

Common mistakes and how I prevent them

I see recurring errors that weaken PSO applications. I avoid these by:

– ensuring evidence remains factual rather than argumentative

– preventing duplication and contradiction across statements and documents

– checking disclosure obligations and avoiding late surprises at hearings

– drafting narrowly tailored orders to reduce ambiguity and future dispute

I also manage client expectations so they understand that evidence must link directly to the child’s welfare.

Costs, timing and practical considerations

Gathering strong evidence can take time and money. I explain likely costs and timescales early, including:

– the expenses of obtaining expert reports

– the potential need for forensic electronic preservation

– the urgency premium where we apply without notice and prepare for immediate return hearings

Where clients have funding constraints I prioritise the most persuasive, time sensitive material to create an efficient application.

Enforcement and documenting breaches

If a PSO is granted you must monitor compliance closely. I advise clients to:

– keep a dated record of any breaches including screenshots and witness notes

– notify me immediately so we can consider enforcement steps such as contempt proceedings

– avoid confrontational actions that could escalate risk or complicate enforcement

Prompt documentary records make enforcement straightforward and show the court the continuing impact on the child.

Practical checklist to help me prepare your application

To work efficiently provide:

– a clear chronology and copies of key documents

– original or screenshot copies of messages and travel documents

– school and medical records where relevant

– names and contact details of potential witnesses

– an honest account of any incidents that might affect credibility

Early cooperation helps me prepare a focused, persuasive application and reduces the stress you face.

Conclusion

Strong evidence wins PSO applications because it links concrete facts to the child’s welfare. I focus on contemporaneous documents, clear witness statements, orderly bundles and full disclosure. If you find the process daunting I will guide you through evidence preservation, drafting, and court presentation step-by-step. I will explain likely costs, coordinate with professionals and prepare you for hearings so the court can focus on what matters most — the child’s welfare.

If you want personalised advice contact me at Alexander JLO Solicitors for a focused assessment of your situation. I will review your evidence, explain the likely options and prepare a clear plan to protect your child.

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 21st 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