Prohibited Steps Orders

Step 1 – Urgent or Standard Application

applications can be:

• Urgent (including without notice); or
• Standard, where both parties are informed

Urgent applications are used where delay could place the child at risk.

Step 2 – Court Consideration 

The Court considers:

• The immediacy of the risk
• whether the proposed action would harm the child
• whether interim protection is needed

In urgent cases, the court may make an interim Prohibited Steps Order Immediately. This is a time limited Order acting as a holding position while further investigation takes place.

Step 3 – Safeguarding Checks

CAFCASS will carry out safeguarding checks and will report to the Court

Step 4 – Further Hearings 

If the dispute continues, the Court may:

• Hear evidence
• Request reports
• Encourage agreement where possible

Step 5 – Final Decision 

The Court holds a Final Hearing where the parties give evidence and decides whether the Prohibited Steps Order should remain in place and for how long.

Prohibited Steps Orders (PSOs) can be obtained relatively quickly in urgent situations, particularly where there is a risk to the child’s welfare or safety. In such cases, the Court may act within days or a few weeks, issuing a temporary order while the full application is considered.

For less urgent matters, the process may take longer, depending on the Court’s schedule and the complexity of the issues. Early legal advice ensures that your application is prepared correctly, with all necessary evidence and documentation, increasing the likelihood of a swift outcome.

Without legal protection:

• A child may be removed from school or country
• Disputes can escalate rapidly
• Trust between parents may break down completely
• Court intervention may become more complex later

Early advice often prevents irreversible outcomes.

The Court’s paramount concern is the child’s welfare. It considers:

• The child’s best interests
• Stability and routine
• The impact of the proposed action
• Whether the order is proportionate
• Any safeguarding risks

The Court will not make an order unless it is necessary.

Yes, but only in exceptional circumstances. Normally, the other parent must be notified of the application so that they can respond and participate in the proceedings. However, if giving notice would increase the risk of harm to the child or one of the parties, the Court can issue the order without notifying the other parent initially and make a temporary Order which is in place for a few days or weeks

These are known as ex parte applications, and they are only granted when urgency and risk justify bypassing normal notification. Even in these cases, the other parent will usually be informed shortly after the order is made, and the matter will return to Court for a full hearing.

The duration of a PSO can vary depending on the circumstances. Some orders are temporary, intended to provide immediate protection or prevent a specific action, such as relocating a child abroad. Others may be for a longer term, often until a final order is made or the Court is satisfied that the underlying issues have been resolved.

Courts usually review temporary orders at subsequent hearings to determine whether they should be extended, modified, or discharged. Legal advice can help ensure that the terms of the order match your objectives and that it remains enforceable for as long as necessary.

Breaching a Prohibited Steps Order is taken very seriously by the Court. Consequences can include:

• Enforcement proceedings to compel compliance
• Fines or penalties for the breaching party
• Contempt of Court proceedings, which can carry further sanctions
• In extreme cases, restrictions on contact or other protective measures

The Courts aim is to ensure that orders are followed to protect the welfare of the child. If a breach occurs, legal advice should be sought immediately to address the situation, report it appropriately, and seek enforcement or variation as needed.

Evidence is critical in securing a PSO. Courts will require detailed information demonstrating why the order is necessary to protect the child or prevent harm. This can include:

• Written statements from the applicant and other witnesses
• Medical, educational, or social work reports
• Documentation of previous incidents or behaviour that justify the order

Strong, well-presented evidence not only increases the chances of obtaining the order quickly but also helps the Court understand the urgency and seriousness of the matter. Legal guidance ensures that your evidence is presented effectively and complies with Court rules.

If you don’t have evidence of your concerns, then it is still important to seek legal advice at an early stage. If you have concerns about a child then you should take action, regardless of whether any independent evidence exists.

Yes. PSOs can be varied or discharged if circumstances change. For example:

• If the risk to the child decreases
• If parents reach an agreement on the disputed matter
• If there are significant changes in living arrangements, schooling, or travel plans

Applications to change an order are made to the Court, and the process is similar to making the original application. Early legal advice helps ensure that any variation request is supported by evidence and clearly demonstrates why the modification is in the child’s best interests.

The cost of obtaining a PSO depends on several factors, including the urgency, complexity, and whether the other parent contests the application. Some applications are straightforward and resolved quickly, while others require multiple hearings, detailed evidence, or expert reports.

We provide clear guidance on expected costs upfront, including Court fees, legal representation, and any additional costs for expert evidence. Early legal advice can also help minimise unnecessary expenditure by ensuring applications are properly prepared and focused on the issues that matter most to the child’s welfare.

Yes. In many cases, disputes can be resolved through mediation or negotiation before going to Court, which can reduce stress, cost, and conflict. Mediation provides a structured environment where parents can discuss child arrangements and agree on boundaries or restrictions without formal proceedings.

However, if there is an immediate risk to the child’s safety or welfare, urgent Court intervention is appropriate, and a PSO may be necessary even if mediation is being considered.

A PSO specifically prevents a parent or guardian from taking a particular action, such as taking the child abroad, changing school, or making certain decisions without consent.

In contrast, Child Arrangements Orders determine where the child lives, how much time they spend with each parent, or other day-to-day arrangements. PSOs are often used in conjunction with Child Arrangements Orders to prevent unilateral decisions that could affect the child while the overall arrangements are being agreed or determined by the Court.

While it is possible to make an application without legal representation, having a solicitor is strongly recommended. PSO applications involve:

• Complex Court paperwork
• Legal arguments on urgency, welfare, and risk
• Presenting evidence effectively

A solicitor ensures that your application is properly drafted, supported by the right evidence, and presented in a way that maximises the likelihood of a successful outcome, while helping you understand your rights and responsibilities throughout the process.