Child law: understanding a Prohibited Steps order
Even happy and settled couples sometimes find themselves at loggerheads when it comes to the subject of how they raise their children. However, because both parents and their children are living together as one family unit, disagreements will generally spark nothing more than a short debate, followed by a coming together.
But that is not the case with separated or divorced parents or couples going through the divorce process. Without the incentive of keeping a household together and peaceful, differences of opinion concerning the children can and do blow up into something far more serious, sometimes necessitating a Prohibited Steps Order.
What is a Prohibited Steps Order?
A Prohibited Steps Order (PSO) is a form of Court Order that can be used by one parent who is seeking to stop the other parent from making certain unilateral decisions about their child’s upbringing, education or living arrangements. The PSO is governed by S8 of the Children Act 1989.
There is no definitive list of circumstances under which a PSO can be granted, but the most common forms of dispute where it either has been used or could be used are as follows:
One parent decides to move the child to a different school or nursery. Of course, the parent who wants to take this action may have a compelling reason, or moving to a different school may be in the child’s best interests.
The child comes into regular contact with a third party. This is, quite often, the new partner of a divorced parent.
A parent intending to move the child to another country.
A parent intending to change the child’s surname.
A parent allowing, or possibly even encouraging, a child to undergo unnecessary and potentially serious medical treatment or surgery.
A parent moving a child away from their home or local area, maybe a long way away from the other parent.
A child protection PSO will not be granted lightly since they have a significant impact on how a parent can exercise their parental responsibility. A PSO, if granted, typically lasts until the child turns 16, although it may be for a predetermined period of time or, in some cases, until the child turns 18 years old.
It should be noted that a child safety PSO is different from a ‘Specific Issue Order’ (SIO) in that a PSO forbids a parent from doing something, rather than granting them permission to do something. So, for instance, if a parent proposes to take a child out of the UK, the other parent may apply for a PSO to prevent this from happening. If the PSO is not granted, it does not mean that the respondent parent now has permission to take the child out of the UK. The respondent parent must apply for an SIO. It is equally important to bear in mind that, when it comes to children, the court will always seek to act in the child’s best interests.
Also, a parent cannot apply for a PSO in respect of a child aged 16 or over, nor a child who is in Local Authority care.
Obtaining a Prohibited Steps Order
In the absence of a genuine emergency, a parent who believes that they may be entitled to apply for a PSO cannot simply go marching down to the court. The law requires that they first make contact with their former spouse or partner to express their concerns and endeavour to come to some sort of settlement. If terms can be agreed, then these can be set out in a Child Arrangement Order.
If relations between you and your former spouse/partner are strained, then you can approach an organisation like CAFCASS and ask them if they provide a professional mediator to help facilitate an agreed outcome.
Generally, you must show that you have attempted negotiation or mediation before you can issue a court application.
If you truly believe that it is an emergency situation, then you can apply straight to the court for a PSO but you must provide compelling evidence of an imminent threat. Provided an emergency application is justified, then it is made ‘without notice’, i.e., without the need for the respondent parent to be present at the hearing. This implies that the respondent would not be present at the hearing or be aware that the order is being made. If an order is made on this basis, the respondent will be given the chance to appear and be heard at a subsequent "return" hearing.
Getting professional help with a Prohibited Steps Order
An experienced family lawyer can help and advise you through every stage of this process which includes assisting in negotiations or discussions and drafting a Child Arrangement Order, helping a mediator and advising you on the PSO procedure and PSO costs. If a court application is justified, then this is not something that a parent should attempt without legal representation. Court applications are expensive and getting it wrong will prove extremely costly, emotionally and financially.