A Prohibited Steps Order (PSO) is a court order that prevents a parent from taking specific actions in relation to a child without the court's permission. Common uses include preventing international child abduction, changing school, or changing a child's surname. This guide covers everything you need to know about applying for, obtaining, and enforcing a prohibited steps order in England and Wales.
A Prohibited Steps Order is a legal order made by the family court under the Children Act 1989 that prevents a parent or guardian from taking a specific action regarding a child without first obtaining permission from the court. Unlike a Specific Issue Order which directs that something should happen, a PSO prevents something from happening. PSOs are particularly important in cases where there is a risk of child abduction or where one parent is attempting to make unilateral decisions about the child's welfare.
A PSO can prohibit: taking the child out of England and Wales (preventing international abduction); taking the child out of the UK; changing the child's school or education; changing the child's surname; removing the child from the care of the resident parent; removing the child from the UK without permission; changing the child's religious upbringing; or any other specific parental responsibility decision. The court can tailor the order to the specific circumstances of your case.
You apply for a Prohibited Steps Order using the C100 form (Application for a Child Arrangements Order). You must first attend a Mediation Information and Assessment Meeting (MIAM) unless an exemption applies. File the C100 at your local Family Court with the court fee (currently £232) or a fee remission form (EX160) if you cannot afford it. The court will serve the application on the respondent and list a First Hearing Dispute Resolution Appointment (FHDRA) within 4-6 weeks.
If you believe a child is about to be removed from England and Wales or taken abroad, you can apply for an emergency PSO without notice (ex parte). Contact the court immediately and request an urgent hearing. The court can grant an emergency PSO on the same day in urgent cases. You must provide evidence of the immediate risk. The other party is then given the opportunity to challenge the order at a return hearing, usually within 7-14 days.
A Prohibited Steps Order preventing international travel can be combined with a port alert. A port alert is registered with the UK Border Force and prevents a child from leaving the country. This is particularly effective in cases where there is a genuine risk of parental child abduction. The court can issue a port alert as part of the PSO or as a separate measure.
The court applies the welfare principle when deciding whether to grant a PSO. The child's welfare is the paramount consideration. The court will consider the welfare checklist under s.1(3) Children Act 1989, including the child's wishes, physical and emotional needs, the effect of change, and any risk of harm. The court must be satisfied that the PSO is necessary to protect the child's welfare.
If the other party breaches a PSO, you can apply to enforce it using a C79 application. The court takes breaches of PSOs very seriously, particularly in cases involving child abduction. The court can impose unpaid work requirements, fines, or in serious cases, commit the breaching party to prison for contempt of court. You must provide evidence of the breach.
Assess Your Need
Determine whether a PSO is the right order for your situation. Consider whether you need to prevent international travel, school changes, or other specific actions.
Attend a MIAM
Contact a family mediator to attend a Mediation Information and Assessment Meeting (MIAM). The mediator will sign Section 3 of your C100 or confirm an exemption applies.
Complete the C100 Form
Download the C100 form from HMCTS or use CourtCraft Advocate's guided form tool. Complete all sections carefully, focusing on the child's welfare and the specific actions you want to prevent.
Prepare Supporting Evidence
Gather any evidence supporting your application, such as emails, messages, or witness statements showing the risk of the prohibited action.
File at the Family Court
Submit the completed C100 with the court fee (£232) or EX160 fee remission form at your local Family Court. Keep a copy for your records.
Serve the Respondent
The court will serve the application on the respondent, or you may be required to do so yourself. Ensure proper service is completed.
Prepare for the FHDRA
Prepare a position statement and gather all supporting documents for the First Hearing Dispute Resolution Appointment (FHDRA).
In urgent cases, a PSO can be granted on the same day without notice to the other party. The other party is then given the opportunity to challenge it at a return hearing. In non-urgent cases, the first hearing (FHDRA) is usually listed within 4-6 weeks.
Yes. A PSO can specifically prohibit taking the child outside England and Wales or outside the UK. Combined with a port alert registered with UK Border Force, this is an effective way to prevent international child abduction.
A Prohibited Steps Order prevents something from happening (e.g., the child cannot be taken abroad). A Specific Issue Order directs that something should happen (e.g., the child must attend a specific school).
No. A PSO must be made by the court. However, you can try to reach an agreement with the other parent and ask the court to make a consent order, which is faster than a contested hearing.
The court fee for a C100 application is £232. If you qualify for fee remission, you may pay a reduced fee or nothing. Legal costs depend on whether you use a solicitor or represent yourself as a litigant in person.
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