A Prohibited Steps Order (PSO) is an order that does exactly what it says in the tin! It prevents a person from doing a specific thing. It is applied for under the Children Act 1989 and when the courts make a decision in respect of these proceedings – the child or children’s welfare will be the paramount concern. A parent, guardian or person with Parental Responsibility for the child are entitled to make this application.
A PSO can be applied for on its own or alongside an application for other Orders relating to the child, for example a “lives with order”, “spends time with” or a specific issue Order. The Application can be done online or by emailing it to the local family court where the child lives.
The Application will include the details of the parents, child, police or social services involvement and most importantly the reason for making the application and why it is required. Examples of a PSO
prevent a person from removing a child from the country, either permanently or temporarily
prevent a person from relocating to a different area
Prevent a person from changing a child’s school
Prevent a person from allowing the child from being in contact with a specific person
The majority of PSO’s are made in the interim and whilst further investigations are undertaken with regards to further orders such as where the child live and go to school etc.
In certain cases an application for a PSO can be made on an urgent basis and without the other party being informed. If it is made in the absence of the other parent this is called an ex parte Order and it will be served on that parent and a return hearing listed so that they are able to respond to the application and any allegations being made. If the matter is not urgent then you should consider mediation in the first instance to try and resolve matters without the need of court intervention. Mediation is a requirement before filing any application in respect of children unless you fall into one of the exemption categories, such as ongoing police investigation into domestic abuse; child welfare and social services involvement or urgent attention required due to threats of abduction to name a few.
All of this can be very daunting whether you are wanting to issue the application or respond to one made against you.
In some circumstances legal aid may be available to issue the application if there are concerns of domestic abuse, child welfare or abduction. Legal Aid is not available to respond to such an application or defend yourself against the order that may have been made. The court fee is currently £225 to issue an application although depending on your income you may be able to complete a fees exemption form to assist with this.
If you have been refused Legal Aid or you have seen a solicitor and find yourself unable to pay for the legal fees and you feel there is nowhere to turn and you are all alone, don’t panic
FLPS is here to support and assist you every step of the way.
We offer affordable supportive family law assistance. We can help with drafting applications; statements: preparation for hearings and help you feel that your voice is being heard.
If this relates to you then contact us. If you know somebody that is dealing with family law court proceedings on their own then get them to give us a call.
Call us and have a chat with no charge or obligation so we can work together to determine the next steps and how we can help.