How I Prepare Your Prohibited Steps Order Application: A Step-by-Step Guide

Introduction

I am a solicitor at Alexander JLO Solicitors and I know how frightening the prospect of a Prohibited Steps Order (PSO) feels. If you fear someone will remove a child from the country change their school obtain medical consent or take another serious step without your agreement I will help you through every stage. This guide explains how I prepare a PSO application in England and Wales, what you can expect from me, and how we will work together to make the process less daunting.

Initial meeting and case assessment

When you first contact me I will listen carefully to your concerns and establish the exact step you want the court to stop. I will check whether you hold parental responsibility and whether any existing court orders apply. I will also assess the immediacy and seriousness of the risk and explain whether we should apply without notice or use the standard procedure.

I will set clear objectives with you at this stage so we focus on what matters for the child’s welfare in the short and long term.

Gathering instructions and setting precise objectives

I will take full instructions so I understand the sequence of events and the outcome you seek. Together we will:

– define the precise terms of the PSO so the order addresses the real risk

– prioritise short term protections and longer term goals

– agree realistic expectations about likely outcomes and costs

I draft the remedy narrowly and precisely to reduce ambiguity and limit future disputes.

Collecting and preserving evidence

I will identify the most persuasive evidence and tell you how to preserve it lawfully. I usually collect:

– witness statements from you and impartial third parties such as relatives teachers or neighbours

– messages emails social media posts or voicemails that show intent or threats

– travel bookings passport renewals visa applications and receipts

– school attendance records medical notes prescriptions or professional letters

– bank transfers property searches or other financial indicators of relocation plans

I will ask you to save copies, take screenshots and keep originals secure. I will also prepare a typed chronology that pulls dates events and documents into a clear timeline.

Drafting witness statements and the document bundle

I draft witness statements that remain factual, concise and linked to the child’s welfare. I coach witnesses on how to give evidence and I edit statements to remove speculation and emotive language.

I assemble a court bundle that includes the application form, witness statements, key documents and a short note of the orders we seek. A well-organised bundle helps the judge see the risk quickly and decide in the child’s best interests.

Deciding whether to apply without notice

If the risk is imminent I will advise on a without notice application. I consider whether:

– there is a realistic risk the child will be removed from the jurisdiction or hidden

– notifying the other party would substantially increase that risk

– the evidence supports urgent temporary protection

If we apply without notice I will prepare an urgent application and a witness statement explaining why notice would be dangerous. I will also plan the follow-up hearing where the other party can respond.

Drafting the application and the precise order sought

I use Form C100 or other relevant court forms and draft a focused application. I will:

– set out the exact prohibition sought, for example preventing removal from England and Wales changing school or obtaining a passport

– propose clear time limits and any necessary conditions

– suggest interim contact arrangements where appropriate so the child retains contact safely

Precise wording matters. I draft orders that leave no room for misunderstanding and which are easier to enforce if breached.

Engaging the other side and pre-action steps

Where the risk is not immediate I usually send a formal letter to the other parent or their solicitor seeking agreement. In that letter I will:

– explain the concerns and request assurances or undertakings

– propose mediation or negotiation if it is safe to do so

– reserve the right to issue proceedings if the matter remains unresolved

Often a measured pre-action approach avoids court and reduces time and cost.

Instructing experts and professional reports

When needed I will instruct experts to strengthen the case. I commonly ask for:

– a CAFCASS welfare assessment or safeguarding report

– medical evidence from paediatricians or psychiatrists

– educational psychology reports for school disputes

– other specialists where specific needs exist

I will explain the role of each expert, the likely timescales and how their reports will support our application.

Preparing for the hearing

I prepare thoroughly for every hearing. Preparation includes:

– reviewing the bundle and refining our legal and factual arguments

– rehearsing oral submissions and anticipating cross-examination points

– preparing a short skeleton argument that summarises key facts, welfare considerations and the remedy sought

– identifying concessions and negotiation points to put before the court

I will meet you before the hearing to explain what will happen, how to give evidence and how to remain calm and focused in court.

Managing disclosure and continuing duties

If the court grants an urgent without notice order I must disclose all material facts at the return hearing. I will:

– compile a disclosure schedule listing previously withheld documents

– advise you on any documents that may undermine our case and how to address them

– correct any inadvertent misstatements promptly

Full and frank disclosure protects our credibility and reduces the risk of sanctions.

Working with CAFCASS and other agencies

CAFCASS often plays a central role in contested children cases. I will:

– prepare you for any CAFCASS interviews and explain what the officer will consider

– provide CAFCASS with relevant documents and a copy of the bundle

– liaise with social services, police and other agencies where safeguarding concerns exist

Good cooperation with professionals improves the quality of evidence the court receives.

Costs, funding and legal aid

I will set out likely costs at the outset and offer practical ways to control spending. I will explain:

– expected fees for an urgent hearing and for a final contested hearing if necessary

– whether legal aid may apply, particularly in cases involving domestic abuse or child protection

– options such as fixed fees staged billing or limited scope representation to contain costs

I will provide a written estimate and update you if circumstances change.

After the hearing: orders, enforcement and next steps

If the court grants the PSO I will ensure the order’s terms remain clear and workable. I will:

– file the order and arrange service on the other party

– advise on enforcement steps if the other party breaches the order, including contempt proceedings where appropriate

– propose longer term solutions such as a consent order Child Arrangements Order or supervised contact plans

If the court refuses the PSO I will advise on appeal options and alternative strategies to protect the child.

Practical guidance for clients

To help me prepare a strong application please:

– provide documents and instructions promptly and honestly

– keep a detailed diary of incidents including dates times witnesses and what was said

– preserve electronic evidence using screenshots or copies rather than deleting messages

– avoid confrontational behaviour or messages that could damage the case

Clear, timely communication reduces cost and improves the chances of success.

Common pitfalls I avoid for clients

I avoid common errors such as vague orders, weak evidence and failure to disclose material facts by:

– drafting precise, narrowly focused orders

– assembling robust contemporaneous evidence

– maintaining full transparency to the court

I also manage expectations so you understand the likely outcomes and any risks.

Conclusion

At Alexander JLO Solicitors I prepare a Prohibited Steps Order application by combining careful factual assessment, targeted evidence gathering, precise drafting and rigorous court preparation. I prioritise the child’s welfare and I guide clients through each stage so the process feels manageable and controlled. If you find the process daunting contact me for a focused assessment of your situation. I will review your evidence explain funding options and recommend the best route to protect your child.

To discuss your case book a consultation with me at Alexander JLO Solicitors and I will help you gather evidence, prepare your application and represent your interests in court.

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 6th 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