When Should You Apply for a Prohibited Steps Order? Practical Signs to Look For

Introduction

Deciding whether to apply for a Prohibited Steps Order (PSO) can feel overwhelming. If you worry someone will take a child abroad change their school remove them from school or make a major decision without your consent a PSO can stop that action. This guide explains the practical signs that suggest you should consider a PSO and shows what a solicitor will do to help. It focuses on the law in England and Wales and speaks to clients who find the process daunting or complicated.

What a Prohibited Steps Order does

A Prohibited Steps Order is a court order under the Children Act 1989. It prevents a named person from taking a specified step in relation to a child. The order can be narrow and short term or broader and longer term depending on the risk. A PSO does not remove parental responsibility. It limits a particular action to protect the child’s welfare.

When urgency makes a PSO necessary

Apply for a PSO immediately if you face an imminent irreversible step. Examples include:

– clear evidence that another parent plans to take the child overseas within days or weeks

– confirmed travel bookings passports being renewed or visa applications in progress

– threats to remove the child from school or to conceal the child from you

– immediate concerns about the child’s safety during contact or handover

If the risk is immediate your solicitor can seek a without notice hearing and ask the court to make a temporary PSO. Use evidence such as booking confirmations screenshots messages or witness statements to support urgency.

Practical signs that suggest a PSO may be needed

1. Explicit threats or statements about relocation

If the other parent tells you they will move abroad or remove the child from your care document those statements. Repeated threats, especially when supported by steps such as searching for schools or property overseas, point strongly towards a PSO.

2. Travel arrangements and passport activity

Unexpected passport renewals purchase of airline tickets or frequent browsing of international schools indicate a real risk. Save screenshots emails receipts and bank transactions. These items form persuasive evidence.

3. Sudden change in the child’s routine or schooling

If the child’s school receives notification that the child will be withdrawn or a parent tries to remove the child from school without notice act quickly. A PSO can prevent removal while the court assesses longer term arrangements.

4. Withholding access to medical or educational records

Refusal to share medical forms school reports or medication instructions can harm the child’s welfare. A PSO can require both parents to maintain agreed access to records and decisions.

5. Escalating conflict around specific decisions

If disputes centre on decisions such as changing the child’s school removing a name or consenting to medical treatment a PSO can create an immediate prohibition while parties seek agreement or the court decides.

6. Domestic abuse or coercive behaviour linked to parenting

Where domestic abuse affects contact or decision making the court will consider safety and risk. A PSO can limit contact methods times or conditions to protect the child and the abused parent.

7. Previous breaches of court orders

If the other parent has breached child arrangements orders before they may breach again. Evidence of past breaches strengthens the case for a PSO and makes enforcement more likely if the court grants the order.

8. Third party threats or criminal risk

If a third party threatens to abduct the child or if criminal activity surrounds the child’s environment a PSO can stop specific steps until the court resolves safety concerns.

How a solicitor assesses whether to apply

A solicitor will start by asking what you want to prevent and why. They will check parental responsibility and any existing orders. They will assess urgency strength of evidence and likely outcomes. Expect them to:

– review messages emails and documents you have

– request additional evidence such as school letters flight bookings or witness statements

– advise whether a without notice application is justified

– explain costs funding and timescales

Solicitors prioritise the child’s welfare and will recommend the least intrusive option that protects the child.

What evidence strengthens a PSO application

Strong, contemporaneous evidence improves chances at court. Useful evidence includes:

– witness statements from you the child’s school or other adults

– emails text messages and social media posts showing intent

– travel bookings passport or visa activity bank transactions

– school attendance records medical records or professional letters

– any previous court orders or evidence of breaches

We will draft witness statements that link facts to the child’s welfare and the specific risk the PSO addresses.

Choosing between without notice and standard applications

Use a without notice application only when immediate action matters. Without notice orders last for a limited period and the court expects full disclosure at the next hearing. Use standard applications when you can give notice and you want the other party to respond. Your solicitor will weigh the risk of non-notification against the likelihood of a court granting interim protection.

What the court considers

The court bases PSO decisions on the welfare principle in section 1 of the Children Act 1989. It will consider the Section 1(3) welfare checklist including:

– the child’s wishes and feelings

– the child’s physical emotional and educational needs

– the likely effect of any change in circumstances

– any harm the child has suffered or may suffer

– each parent’s capacity to meet the child’s needs

The court seeks proportionate remedies. It will avoid orders that unnecessarily interfere with parental responsibility while protecting the child from real risk.

Practical steps to take before applying

– Gather evidence. Save messages emails booking confirmations and school or medical documents.

– Keep a written timeline. Note dates times what was said and who witnessed events.

– Get legal advice early. A solicitor will help you assess urgency and prepare focused evidence.

– Consider safety planning. If domestic abuse is present arrange support and document incidents.

– Tell the child’s school or GP if appropriate. Professionals can provide records or witness statements.

Costs and funding

Legal costs vary with complexity and urgency. Options include:

– legal aid in some cases involving abuse or public law proceedings if you meet means and merits tests

– private funding on a fixed fee or hourly basis

– staged funding where you limit spending to key steps such as an emergency hearing

Ask your solicitor for a written estimate and discuss cost saving measures such as limiting issues or using targeted evidence.

Alternatives to a PSO

A PSO is not the only remedy. Consider:

– mediation or negotiation where safety is not a concern

– consent orders that record agreed restrictions and carry court enforcement

– Child Arrangements Orders that define residence and contact

– non-molestation or occupation orders where abuse impacts safety

A solicitor will recommend the best route based on your circumstances and the child’s welfare.

Preparing for the follow-up hearing

If the court grants a without notice order you must prepare for the return hearing. Your solicitor will:

– disclose all material facts and evidence to the court and the other party

– prepare witness statements and documents

– consider instructing expert reports such as CAFCASS assessments or medical evidence

– build a case that shows the PSO remains necessary and proportionate

Full disclosure matters. Courts impose sanctions for misleading the tribunal.

Common client concerns

– Will a PSO ruin my relationship with the other parent? A PSO addresses a specific action and does not aim to punish. Many courts prefer solutions that preserve parenting relationships where safe.

– Will a PSO stop contact permanently? Not usually. Courts tailor orders to protect the child while keeping positive contact where appropriate.

– Can I apply without a solicitor? Yes but representing yourself in a contested hearing proves difficult. Solicitors manage evidence prepare statements and present complex legal arguments which increases the chance of success.

When to instruct a solicitor

Contact us when you feel unsure about the risk or when evidence suggests imminent action. Solicitors advise on strategy gather evidence draft applications and present urgent applications at court. They also coordinate with CAFCASS and other professionals to produce timely reports.

Conclusion

You should consider applying for a Prohibited Steps Order when you face a real and immediate risk that someone will take a specific action harming the child’s welfare. Look for concrete signs such as travel bookings passport activity threats to remove the child from school withholding of records or prior breaches of orders. Act early gather focused evidence and instruct a solicitor who specialises in children law. Early legal advice makes the process less daunting and improves chances of securing timely protection for your child.

If you want personalised advice contact me, a solicitor experienced in child arrangements to assess your situation gather evidence and explain funding options and likely outcomes.

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 12th 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