Legal Protection for Your Child
When parents or guardians disagree on significant decisions regarding a child’s upbringing, the family court can intervene to protect the child’s welfare. A Prohibited Steps Order (PSO) is a legal injunction that prevents a parent or guardian from undertaking specific actions concerning a child without the court’s consent.
Under Section 8 of the Children Act 1989, a PSO restricts an individual with parental responsibility from making certain decisions about a child’s life. Common scenarios include:
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Preventing the child from being taken abroad
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Stopping a change to the child's surname
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Restricting relocation within the UK
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Prohibiting specific medical treatments
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Limiting contact with certain individuals
The court’s paramount concern is the child’s welfare, and it will consider whether the PSO serves the child’s best interests.
Applications can be made by:
Parents or guardians with parental responsibility
Individuals with a Child Arrangements Order
Others with the court’s permission
The child must be under 16 years old and not under the care of a local authority.
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Mediation Information and Assessment Meeting (MIAM)
Before applying, attend a MIAM unless exemptions apply (e.g., cases involving domestic abuse).
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Complete Form C100
This form is used to apply for a PSO and can be submitted online or via post.
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Submit the Application
Send the completed form to your local family court.
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Court Consideration
The court will assess the application, focusing on the child's best interests.
In urgent situations, an emergency application can be made without notifying the other party.
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Duration
A PSO typically remains in effect until the child turns 16, unless specified otherwise by the court.
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Enforcement
Breaching a PSO is considered contempt of court and can result in penalties, including fines or imprisonment.
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A PSO can prevent actions such as taking the child abroad, changing their surname, relocating them within the UK, or making specific medical decisions without consent.
Generally, attending a MIAM is required before applying. However, exemptions exist, such as cases involving domestic abuse.
The timeframe varies, but in urgent cases, an emergency PSO can be granted swiftly without notifying the other party.
Yes, either party can apply to vary or discharge the order if circumstances change. The court will consider the child’s best interests before making a decision.
Breaching a PSO is contempt of court and can lead to penalties, including fines or imprisonment.
At Waely Law, we make the legal process clear, efficient, and stress-free. Here’s what you can expect when you reach out to us:
