How Prohibited Steps Orders Affect Parental Contact and Decision-Making

Introduction

Prohibited Steps Orders (PSOs) often raise urgent questions about parental contact and who makes important decisions for a child. I act for parents who find the process frightening and complex, and I guide them through practical choices that protect the child while keeping parental relationships as healthy as possible. This article explains how PSOs interact with contact arrangements and day to day decision-making under the law in England and Wales, what clients can expect if they instruct me, and how we plan and present applications to the court.

What a Prohibited Steps Order does and does not do

A PSO prevents a named person from carrying out a specific action in relation to a child. Typical prohibitions include removing the child from England and Wales changing school withdrawing the child from medical treatment or obtaining a passport. A PSO does not remove parental responsibility. It temporarily limits one or more actions in order to protect the child’s welfare under the Children Act 1989.

I always stress to clients that a PSO targets particular steps rather than stripping away parental status. The order confines behaviour to protect the child. Parents remain parents, but the court controls defined actions where risk exists.

How PSOs interact with contact arrangements

PSOs can affect contact in different ways depending on the precise prohibition and the welfare issues the court identifies.

PSO that does not affect contact

Some PSOs simply prevent a discrete administrative step, for example changing the child’s surname or applying for a passport. The court can impose such prohibitions without changing residence or contact arrangements. In those cases I aim to draft language that leaves routine contact undisturbed while preventing the specific action.

PSO that limits contact conditions

Where safety concerns or coercive behaviour exist the court may permit contact but impose conditions. Conditions commonly include supervised contact, contact at designated venues, electronic monitoring or restrictions on transport and times. I explain to clients that conditional contact allows the child to see the parent while reducing risk and providing reassurance to the other parent.

PSO that suspends contact

In high risk cases the court may temporarily suspend contact. Suspension usually follows evidence of significant harm risk or repeated breaches of court orders. If the court suspends contact I work quickly to obtain targeted reports and propose supervised or indirect contact plans to maintain a relationship while safeguarding the child.

Designing proportionate contact proposals

When I prepare an application I propose contact arrangements that are proportionate to the risk. Judges favour pragmatic solutions that preserve relationships where safe. Practical proposals can include:

– supervised contact for a defined period with a review timetable

– indirect contact such as phone or video calls pending assessment

– staged contact increases linked to therapy or compliance with conditions

– specified handover arrangements at neutral locations

I draft these measures precisely so the order both protects the child and provides a clear pathway back to normalised contact when appropriate.

Effect on parental decision-making and day to day choices

A PSO can limit particular decision-making powers without affecting all decisions. Parents often worry that a PSO will hand sole decision-making to the other parent. That rarely happens. Instead the court tends to restrict a defined decision while leaving everyday matters unaffected.

Examples of decision-related prohibitions

– Medical treatment: The court can prohibit a parent from consenting to a particular medical procedure or from changing the child’s ongoing therapy without agreement.

– Education: A PSO can stop a parent from changing the child’s school or moving the child to home education without consent.

– Travel and passports: Orders commonly prevent obtaining or using a passport or taking the child abroad.

– Name changes: The court can forbid altering the child’s surname or legal identity steps that affect longer term status.

I draft prohibitions narrowly, specifying the precise decision and the circumstances in which the prohibition applies. Narrow drafting reduces future disputes about interpretation and enforcement.

Interaction with parental responsibility

Possessing parental responsibility does not give an automatic right to take every significant step where the other parent objects. Parental responsibility gives legal standing to be consulted and to make decisions jointly where possible. When disputes escalate the court uses the welfare checklist to decide which parent’s view better safeguards the child.

If a PSO restricts a decision I explain how to preserve the parent’s broader involvement. For example the order might require both parents to consult CAMHS or other professionals before changing medical treatment so the excluded parent stays informed while a high risk decision remains restricted.

Practical drafting points I use to avoid ambiguity

Ambiguous orders cause enforcement problems and further litigation. I follow drafting steps that judges appreciate:

– define the exact step prohibited using specific terms and examples

– set clear geographic or temporal limits, for example preventing removal from England and Wales for six months

– state consequences for breach, for example listing enforcement remedies without threatening disproportionate sanctions

– include review dates so the order automatically comes back to court or to CAFCASS at sensible intervals

Clear drafting reduces avoidable disputes and protects the child by making compliance easier to monitor.

How PSOs fit with Child Arrangements Orders and consent orders

A PSO can operate alongside Child Arrangements Orders that record residence and contact. In many cases parties convert short term PSOs into long term arrangements through consent orders that the court approves. Consent orders provide legal certainty with less cost and adversariality than contested hearings.

When I advise clients I consider whether a consent order could record a negotiated compromise that preserves contact while preventing particular actions. Consent orders often carry more stability because both parents agree the terms.

Role of CAFCASS and expert reports

CAFCASS involvement often proves decisive in contested matters. The officer assesses welfare, interviews the child where appropriate and recommends contact or safeguards. I prepare clients for CAFCASS by providing a succinct bundle, a chronology and practical suggestions for how the officer can observe safe contact.

Where complex medical or psychological questions arise I may recommend expert reports. Courts treat expert evidence carefully. I instruct experts only when their input materially helps the welfare analysis and when the cost is proportionate to likely benefits.

Enforcement and consequences of breach

Courts enforce PSOs robustly. If someone breaches a PSO you can apply for enforcement remedies including:

– specific enforcement orders such as return of the child or transfer of residence

– committal proceedings for contempt of court in grave cases

– variation of contact arrangements, for example suspending contact where breaches indicate risk

I keep clients focused on documenting breaches carefully and avoiding direct confrontation. The safest practical step is to gather contemporaneous evidence and report breaches promptly so the court can act.

What I ask clients to do when considering a PSO

To prepare an effective application I ask clients to:

– keep a dated diary of incidents, including times witnesses and what was said

– preserve messages emails booking confirmations passport or visa activity and other electronic evidence

– obtain statements from independent witnesses such as teachers neighbours or professionals

– think clearly about the precise step they want prohibited and the minimal restriction needed to protect the child

Early legal advice improves outcomes and reduces unnecessary escalation. I prioritise swift evidence collection where urgency exists and work with clients to pick precise limits that address the real risk.

Balancing parental relationships and child welfare

The court’s first duty remains the child’s welfare. Judges prefer solutions that keep safe relationships intact. I design PSO applications to minimise long term harm to family ties while providing immediate protection. That approach helps the court accept practical, proportionate measures and it often leads to sustainable arrangements that both parents can accept.

Conclusion

Prohibited Steps Orders protect children by restricting specific actions rather than by removing parental status. They can adjust contact arrangements and decision-making proportionately to the risk while leaving routine parenting intact. If you find the process daunting I can help you gather focused evidence draft precise orders and negotiate reasonable contact plans that safeguard your child. At Alexander JLO Solicitors I guide you step-by-step, explain likely outcomes and work to achieve solutions that keep the child’s welfare central.

If you need tailored advice contact me for an initial consultation. I will assess your circumstances, advise whether a PSO suits your needs and outline a clear plan to protect your child while preserving what remains of the parental relationship.

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 17th 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