There are many scenarios where family courts have to intervene to prevent a parent or third party from taking certain actions involving a child, whether they have parental responsibility or not. The best interests of the child will always be prioritised by the courts,  which can result in prohibiting certain actions and specifying what a parent can or cannot do. This means granting a Prohibited Steps Order (PSO). If you require help and advice on creating a PSO, contact our family law team at Ison Harrison today.

Our family team will guide you through each step of the process, so that you and your family can receive the right protection. If you require legal advice, call us on 0113 284 5000 or alternatively email family@isonharrison.co.uk

What is a prohibited steps order (PSO)?

A PSO is a legal order issued by a family court which prevents a parent or guardian taking an action they would otherwise be able to make, if they have parental responsibility. This can include common scenarios such as taking a child abroad, changing a child’s school, taking a child out of school or nursery, changing a child’s name or making the child undergo medical treatment. In such circumstances, a PSO provides an immediate intervention to protect the child. A PSO is commonly needed where parents have separated and are unable to agree an important decision regarding the child, which can lead to one parent attempting to take unilateral action without the other parent’s consent. A PSO may also be required in situations involving domestic abuse or child abduction.

Applying for a PSO

The first step in applying for a PSO is to attend a mediation and assessment meeting (MIAM). Courts may favour a separating couple agreeing child arrangements through mediation, where possible. Attending a MIAM demonstrates that an attempt has been made to establish child arrangements amicably. At Ison Harrison, our family law team can help you with the mediation process and can negotiate with your partner on your behalf to help find mutually beneficial solutions to a dispute.

If it has not been possible to resolve a dispute through mediation, the parent wishing to put a PSO in place would therefore need to complete a Form C100 in order to file the PSO application. In some situations where there is more urgency required and a PSO needs to be put in place quickly, experienced family law solicitors can help expedite the PSO process, particularly where it is clear that mediation isn’t going to be effective. Where a PSO application is required, our family law team can support you in ensuring the application is thorough and complete, has supporting documentation and is heard with supporting evidence in court.

If you feel that your child is at imminent risk of harm, or you are dealing with an urgent situation, you should seek legal advice straight away as you may have grounds to bypass the MIAM requirement.

Important considerations with a PSO

  • Parental Responsibility – Although a PSO may deal with matters relating to parental responsibility, the person against whom a PSO is being filed doesn’t necessarily need to have parental responsibility.
  • Child Arrangement Orders – A PSO won’t be granted if a Child Arrangement Order would be more beneficial or suitable. Also, a court may consider that another protective injunction such as an Occupation Order or Non-Molestation Order would be more appropriate, so it is important to seek legal advice to ensure you are applying for the most suitable Order for your situation. You may also apply for more than one different Order before the court, where appropriate.
  • Welfare checklist –When deciding whether to grant a PSO, the court will consider a welfare checklist which ensures all aspects of a child’s welfare are considered, including the child’s ascertainable wishes and feelings, the specific child’s age, sex, needs and characteristics, any risk of harm to the child, and the parents’ capabilities of meeting the child’s needs.
  • CAFCASS – CAFCASS (the Children and Family Court Advisory and Support Services) will also conduct a series of background checks and will also attempt to mediate between the parties in order to prevent a full court hearing.
  • Hearing – There could be a number of hearings prior to a PSO being granted, but essentially, the court will need to hear all supporting evidence in order to make the decision in the child’s best interests.

Professional support in securing a PSO

A PSO is a powerful tool which can override a parent’s parental responsibility and can be used by a parent or guardian to safeguard the welfare of a child. It may be a necessary step in emergency situations where a child is in danger or at risk, and the court will only grant a PSO in circumstances where it is deemed necessary and in the child’s best interests. A PSO may be used to put a protective measure in place whilst a decision is litigated between parents and decided upon by the court, and can help a family recover from a separation by providing safety and stability in the interim.

If you need support and advice on PSOs and how they differ from other protective Court Orders, or if you want to make an application for a PSO and need guidance on how the process works, you can contact our friendly and compassionate team at Ison Harrison. We can advise on the best way forward for your family, so get in touch with our team today by calling 0113 284 5000 or email family@isonharrison.co.uk