Responding to a Prohibited Steps Order Application: Your Rights and Options

Introduction

If someone has applied for a Prohibited Steps Order (PSO) concerning your child the experience feels alarming and confusing. I help clients who find the court process daunting and I will explain your rights options and practical steps so you can respond confidently. This guide covers immediate actions, legal defences, evidence gathering, working with CAFCASS and likely outcomes under the law in England and Wales.

Understand what a PSO application means

A PSO asks the court to prohibit a named person from taking a specific step in relation to a child, for example preventing removal from England and Wales changing school or consenting to certain medical treatment. The applicant must persuade the court that the prohibition is necessary for the child’s welfare under the Children Act 1989. You do not automatically lose parental responsibility simply because someone applies for a PSO, but you must respond promptly to protect your position.

Act quickly: first steps to take on receipt of papers

1. Read the documents carefully

When you receive Form C100 and supporting statements read them immediately. Check the precise step the applicant seeks to prohibit, the alleged facts and any claimed urgency. Note any proposed without notice orders and the timetable for hearings.

2. Contact a solicitor

If you can, call a specialist children law solicitor at once. I provide urgent advice, explain deadlines and represent clients at return hearings or directions hearings. Timely legal advice improves your chances of a positive outcome.

3. Preserve evidence

Start collecting evidence that supports your position. Keep messages emails travel documents school records medical notes and witness names. Avoid deleting anything even if the messages are unhelpful; full disclosure remains essential.

4. Prepare a brief response

Even before formal statements are lodged you can prepare a short response that sets out the key factual points and requests time to prepare. This helps manage the timetable and shows the court you intend to engage.

Decide whether to attend the first hearing

If the application arrived without notice the court will usually list a return hearing quickly. You should attend all hearings if possible. If you cannot attend, inform the court and your solicitor, and ask for an alternative date. Attending gives you the chance to challenge urgency, present evidence and give your account in person.

Assess the urgency and merits of the application

I always evaluate two questions:

– Is the alleged risk genuine and imminent? For example do travel bookings passports or visa applications show imminent removal?

– Does the applicant present credible evidence that a prohibition is necessary to protect the child’s welfare?

If the risk lacks immediacy or the evidence is weak I will challenge any without notice interim order and ask the court to relist and consider directions for a fair contested hearing.

Prepare your witness statement and evidence

Witness statements are critical. I draft or edit statements so they remain factual, chronological and linked to the child’s welfare. Your statement should:

– identify you, your relationship with the child and your parental responsibility

– set out the facts from your perspective in clear timelines

– explain why the proposed prohibition is unnecessary or disproportionate, or why the applicant’s evidence is unreliable

– refer to documents that support your account and list witnesses and their contact details

Collect documents such as travel receipts passport renewals school letters medical records bank transfers and messages. I coach clients on preserving electronic evidence and on how to produce metadata where necessary.

Addressing allegations of harm or safeguarding concerns

If the applicant alleges harm, abuse or parental incapacity take those allegations seriously. I will:

– advise on obtaining police records, safeguarding agency notes or MARAC documentation where relevant

– consider instructing medical or psychological reports to rebut or contextualise allegations

– prepare you for careful cross-examination and for a possible fact finding hearing if disputed issues of fact remain

Honesty matters. Courts expect full and frank disclosure, especially if a without notice order has been made. Concealment often backfires and damages credibility.

Working with CAFCASS

CAFCASS often becomes involved in contested PSO matters. If a CAFCASS officer contacts you I will:

– prepare you for the interview and explain what to expect

– provide CAFCASS with a succinct bundle and chronology so they have the necessary documents early

– encourage clear, child focussed answers during interviews

CAFCASS reports carry substantial weight. I ensure the officer receives balanced information that highlights your ability to protect and care for the child.

Challenging urgency and without notice orders

If the applicant obtained a without notice interim PSO we focus on two tasks at the return hearing:

– test whether notice genuinely would have increased the risk to the child

– provide the court with any material that was not before it previously, including explanations for behaviour and additional documentary evidence

I prepare a robust challenge to unjustified without notice orders and I stress proportional alternatives such as undertakings or limited interim measures where appropriate.

Consider negotiating undertakings and consent orders

Where appropriate I try to negotiate with the applicant to avoid contested litigation. Options include:

– undertakings: voluntary promises given to the court that bind the parent without a formal order

– consent orders: formal agreements that the court approves and which have the force of an order

Negotiation can produce quicker, less adversarial solutions and reduce costs while providing legal certainty. I always check that any proposed consent order protects the child effectively before recommending it.

Understand possible court outcomes

At the return or final hearing the judge may:

– refuse the PSO application in whole or in part

– make a PSO either time limited or with specific conditions

– order additional assessments such as a CAFCASS report or expert evidence

– convert interim arrangements into other orders, for example a Child Arrangements Order that deals with residence or contact

If the judge makes an order you must comply. Breaching a PSO can lead to enforcement proceedings, fines or in extreme cases committal for contempt.

Assessing appeals and next steps

If the court refuses your application or if you disagree with a decision the options depend on the case. I will advise on whether an appeal has realistic prospects and on time limits for seeking permission to appeal. Appeals succeed only where there has been an error of law or where the decision was plainly wrong on the facts.

Enforcement options if a PSO is granted against you

If the court makes a PSO against you focus on compliance and constructive engagement. If you believe the order is unworkable or disproportionate you can apply to vary or discharge it with fresh evidence or changed circumstances. I usually recommend:

– complying while seeking a variation if that protects the child and preserves your credibility

– gathering new evidence that justifies modification, such as reports or changed behaviour

– avoiding direct confrontations or acts that might amount to contempt

Costs and funding considerations

Defending or contesting a PSO can be expensive. I explain funding options including:

– legal aid in limited circumstances, often where domestic abuse or child protection issues exist

– private funding on an hourly or fixed fee basis

– staged approaches to control costs, such as focusing first on urgent hearings and then on full evidence if required

I give realistic cost estimates at the outset and suggest cost saving measures such as narrowing disputed issues.

Practical tips for clients

– Keep a dated diary of incidents and events that relate to the dispute

– Preserve all electronic communications and take screenshots with timestamps

– Obtain statements from independent witnesses such as teachers neighbours or family members

– Stay calm and avoid escalation in messages or social media posts that the court can rely on

– Follow your solicitor’s instructions on disclosure to avoid credibility problems

Conclusion: how I help you respond

When you face a PSO application I guide you through the process step-by-step. I assess urgency and merits, gather and present evidence, negotiate where possible and represent you at hearings. I prioritise the child’s welfare while protecting your rights and parental role. If you find the process daunting contact me at Alexander JLO Solicitors for an urgent consultation. I will review the paperwork, advise on immediate steps and build a plan to contest, vary or resolve the application in a way that protects your child and your legal position.

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 10th 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