Co-parenting with an ex-partner can be difficult, especially if you are not on amicable terms or there are matters on which you cannot agree. It might be necessary to apply to the Court for a Prohibited Steps Order (PSO) if your co-parent, or someone else, intends to make a decision about your child’s upbringing or take an action with which you disagree.
A PSO prevents a party from making a significant decision about a child’s life or doing something without explicit permission from the Court.
There are a number of reasons why someone may wish to apply for a PSO, for example:
- To prohibit a parent from moving the child to a different school
- To prohibit the child’s relocation, whether within the UK or overseas
- To prohibit the child’s name being changed
- To prohibit certain medical procedures being carried out on the child
- To prohibit the child being taken on holiday
If a party has parental responsibility, they can apply to the Court for a PSO. Examples of individuals who may hold parental responsibility include: a child’s mother, a child’s father if he was either married to the child’s mother at the time of the child’s birth or named on the child’s birth certificate, the child’s guardian, or someone previously granted a ‘lives with’ order by the Court.
There are circumstances where someone without parental responsibility may wish to apply for a PSO. In such cases, they must first apply to the Court for permission using Form C2. This may apply, for instance, to a father who is not named on the child’s birth certificate and therefore does not automatically have parental responsibility.
Before making an application to the Court, it is a requirement in most cases to attend a Mediation Information and Assessment Meeting (MIAM). However, there are some exceptions, for example, where there has been domestic abuse or where there is an imminent risk to the child, such as concerns that the other parent may remove the child from the jurisdiction. An application for a PSO is made using a C100 form, and the current Court fee is £232.
In Children Act proceedings, the Court’s paramount concern is always the welfare of the child. The Court will also consider the ‘No Order Principle’ which states that the Court should only make an order if doing so would be better for the child than making no order at all.
When determining what is in the child’s best interests and whether to grant a PSO, the Court will consider the welfare checklist, which includes:
- The child’s physical, emotional, and educational needs
- The likely effect of any change in the child’s circumstances
- The wishes and feelings of the child (given more weight as the child gets older)
- Any harm the child has suffered or is at risk of suffering
- How capable each parent is of meeting the child’s needs
If a PSO is breached, there can be serious consequences. These may include a warning, a fine, or in more serious cases, the party being held in contempt of Court. The Court has several enforcement powers and will take any breach seriously, particularly if it puts the child’s welfare at risk.
It is possible to apply to vary or discharge a PSO if circumstances change. For example, if the parties are now able to agree or the reasons for the order no longer apply, the Court may consider lifting the order.
It is important to note that applying for a PSO should not be done lightly. The Court will only intervene if it is necessary and in the child’s best interests. Wherever possible, parents should attempt to resolve disputes amicably and focus on what is best for the child.
If you are unsure whether a PSO is the right course of action for your situation, or you need help with the application process, our experienced family law team is here to help.
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Author: Emily Burnett
