What Is a Prohibited Steps Order? A Plain-English Guide from a Solicitor

Introduction

If you are worried that someone might take a child abroad remove them from school change their surname or make an important decision without your consent a Prohibited Steps Order (PSO) can stop that action. This guide explains what a PSO is how it works and what you should expect if you contact a solicitor in England and Wales. I write this to help you understand the legal process in clear terms so you can make informed choices for your child.

What is a Prohibited Steps Order?

A Prohibited Steps Order is a court order under the Children Act 1989 that prevents a parent or other person with parental responsibility from taking a particular action in relation to a child. The order can be narrow, for example forbidding a child from being taken out of the country, or broader, for example preventing a parent from removing a child from the care of the other parent during contact. A PSO does not change parental responsibility. Instead it restricts specific actions to protect the child’s welfare.

When clients need a Prohibited Steps Order

Clients commonly seek a PSO in situations such as:

– one parent threatening to relocate abroad with the child

– a parent trying to change the child’s surname without agreement

– an immediate risk that a child will be removed from school or medical care

– disputes about where a child should live during proceedings

If you face an urgent risk, a PSO can give quick protection while longer term arrangements are resolved.

Legal basis and the welfare principle

All decisions about children in England and Wales revolve around the welfare principle in section 1(1) of the Children Act 1989. The court’s primary consideration is the child’s welfare. When deciding whether to make a PSO the court applies the welfare checklist in section 1(3) which looks at factors such as:

– the child’s wishes and feelings

– the child’s physical emotional and educational needs

– likely effect of any change in circumstances

– any harm the child has suffered or is at risk of suffering

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

A successful PSO application must persuade the court that preventing the specified step is necessary to safeguard the child’s welfare.

Who can apply for a Prohibited Steps Order?

People who can apply for a PSO include:

– a parent with parental responsibility

– a local authority exercising duties to safeguard a child

– any person with the court’s permission such as a grandparent or other family member

If you do not have parental responsibility you can still apply but you will usually need the court’s permission and you must show why the order is necessary.

Types of Prohibited Steps Orders

PSOs are flexible. Typical examples include:

– preventing removal of a child from England and Wales

– stopping a parent from taking a child on holiday unsupervised

– prohibiting a parent from changing a child’s school or medical treatment

– forbidding a parent from changing the child’s legal name

You can ask the court to tailor the order precisely for the risk you face.

Urgent protection: without notice hearings and emergency orders

If you face an immediate risk a solicitor can apply for a PSO at a without notice hearing. The court may grant a temporary order without informing the other party first if there is a genuine urgency and risk of serious harm or removal. The without notice order usually lasts a short period and the court schedules a further hearing where the other party can respond.

Your solicitor will need to show evidence of urgency and explain why notifying the other parent would increase the risk. Courts treat without notice applications seriously and expect full disclosure at the follow-up hearing.

What evidence the court wants

Strong evidence improves your chances. Typical evidence includes:

– witness statements from you and any witnesses

– emails text messages social media posts showing threats or plans

– school records medical letters or other official documents showing stability or risk

– flight or travel bookings passport checks or visa applications if relocation is suspected

– professional reports such as from CAFCASS or medical practitioners

Your solicitor will draft statements that focus on the child’s welfare and show why the specific prohibition is necessary.

The court process step by step

1. Initial advice and assessment

A solicitor will take your instructions check whether you have parental responsibility evaluate the urgency and assess the evidence. They will explain costs likely timescales and possible outcomes.

2. Pre-action measures

Often solicitors write to the other parent or their solicitor seeking agreement. Mediation may be suggested if the risk is not immediate. If agreement cannot be reached you proceed to court.

3. Issue of proceedings

Your solicitor files a Form C100 (application for a child arrangements order and related orders) asking for a PSO. You will need to provide evidence and a concise statement of reasons.

4. Without notice hearing (if needed)

If urgent the court may hear the application without notice. The judge can make a short term PSO pending a full hearing.

5. Case management and fact finding

The court may order directions such as a CAFCASS assessment disclosure of documents and witness statements. If allegations of domestic abuse or parental alienation arise the court may order further evidence or a fact finding hearing.

6. Final hearing

The judge hears all evidence applies the welfare checklist and decides whether to make a PSO and for how long. The order can be time limited and reviewed or extended later if circumstances change.

Costs and funding options

Legal costs vary with complexity urgency and whether the matter proceeds to a final hearing. You may have options such as:

– legal aid in certain domestic abuse or public law cases if you meet eligibility criteria (we do not deal with legal aid)

– private funding through your solicitor on an hourly or fixed fee basis

– split costs where the court encourages negotiation or mediation

Ask your solicitor for a clear costs estimate and for practical ways to keep costs down, for example by narrowing issues and using targeted evidence.

Practical tips for clients

– Act early. The earlier you seek advice the more options you have to prevent irreversible steps.

– Collect and preserve evidence. Save messages emails travel details and any documents showing the risk.

– Be truthful and focused. Courts value clear concise evidence that concentrates on the child’s welfare.

– Consider mediation where safe. If there is no risk of harm mediation can resolve disputes quicker and cheaper.

– Prepare for CAFCASS. If CAFCASS becomes involved cooperate fully and provide documents they request.

– Think long term. A PSO can be temporary. Plan for what you want to achieve at final hearing and gather evidence accordingly.

Common misconceptions

– “A PSO takes away parental responsibility” — it does not. A PSO restricts a specific action while parental responsibility remains in place.

– “PSOs are only for mothers” — anyone with a legitimate interest can apply including fathers grandparents or local authorities.

– “You always need a solicitor” — you can represent yourself, but a solicitor helps prepare evidence manage hearings and navigate court rules.

– “A PSO is permanent” — most PSOs are time limited and reviewed as the child’s circumstances change.

What happens if someone breaches a Prohibited Steps Order?

Breaching a PSO is a serious matter. The court can take steps including:

– finding the person in contempt of court

– imposing fines or imprisonment in extreme cases

– varying the contact arrangements or making enforcement orders

If the other parent threatens to breach the order report it to your solicitor and the court promptly. Keep records of any breaches and communications.

Working with a solicitor: what to expect

As solicitors we will:

– listen to your concerns and check legal standing

– advise on the strength of your case and likely outcomes

– draft the application and witness statements

– present the case at hearings or prepare you to represent yourself

– liaise with CAFCASS the other side and the court

– provide a realistic plan for evidence disclosure costs and timings

Choose a solicitor experienced in children law who communicates clearly and keeps you updated, just like us!

Alternatives to a Prohibited Steps Order

In some cases other options may work better:

– a consent order where both parents agree terms and the court approves them

– a Child Arrangements Order specifying residence and contact

– safety measures such as non-molestation orders where domestic abuse is present

– mediation or family dispute resolution to reach an agreed plan

Your solicitor will advise which route best protects the child and is proportionate.

Conclusion

A Prohibited Steps Order can quickly stop a specific harmful action and protect a child’s welfare. The process can feel daunting but with the right preparation and legal advice you can secure timely protection and build a clear case for long term arrangements. If you worry about a removal or other immediate action contact a solicitor promptly gather evidence and take the practical steps set out here. Early action improves your chances of a favourable outcome for your child.

If you would like personalised advice about a possible Prohibited Steps Order book a consultation with us, specialists in children law.

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 8th 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