Prohibited steps order: how to stop the other parent acting without consent

Separation is a period of high anxiety, and discovering that your former partner intends to make a major life change for your child without your agreement can be devastating. To prevent unilateral decisions that disrupt stability, you can seek legal protection through Section 8 of the Children Act 1989. Understanding Parental Responsibility is essential before taking action. If you are facing an urgent threat such as relocation or international abduction, you should consult a family law solicitor immediately to secure your child’s safety. This guide explains how to use a Prohibited Steps Order (PSO) to maintain your child’s status quo.

Quick answer: How to stop a parent acting without consent?

To stop a parent from making a unilateral decision, you can apply for a Prohibited Steps Order (PSO) under Section 8 of the Children Act 1989.

This court order legally prevents them from taking specific actions without your agreement or the court’s permission, such as:

• Relocating the child internationally, within England and Wales, or outside the jurisdiction.
• Changing their school or childcare provider.
• Changing their surname.
• Making major medical decisions.

If you are concerned about imminent, unauthorised changes to your child’s life, it is vital to act quickly to put these legal protections in place.

Understanding what is a prohibited steps order in England and Wales

A Prohibited Steps Order (PSO) is a family court injunction under Section 8 of the Children Act 1989 that restricts parental responsibility. A Prohibited Steps Order under the Children Act 1989 applies in England and Wales. Scotland and Northern Ireland have separate family law systems, so local legal advice is needed if the child or proposed move involves those jurisdictions.

• What it does: It stops a parent from taking specific major actions regarding the child without written consent from all other guardians or permission from the court.
• How it applies: It is strictly “negative”, meaning it dictates what a parent cannot do (e.g., removing a child from their current school) rather than what they must do.
• Court criteria: The child’s welfare is the top priority. Under the “no-order principle”, the court will only grant a PSO if it is clearly better for the child than making no order at all.

It is typically used when communication breaks down and there is a genuine threat to the child’s stability.

When should you apply for prohibited steps orders?

A Prohibited Steps Order (PSO) requires a specific, valid reason to restrict a parent’s actions. The most common scenarios include preventing a parent from unilaterally:

• Relocating the child: Moving them within England and Wales, or outside the jurisdiction, where this would disrupt regular contact with the other parent.
• International removal: Taking the child abroad for a holiday or permanent relocation due to fears they will not return.
• Changing schools: Enrolling the child in a new educational setting or pulling them out of their current school.
• Changing a surname: Altering the child’s last name, either legally or informally, without agreement.
• Medical treatment: Proceeding with a specific medical procedure or treatment before the court can review it.

Scenario Example:

Imagine a mother who has been offered a high-paying job in Scotland and plans to move there from London with her seven-year-old son. The father, who sees the child every weekend, objects because the move would make his contact impossible. The father could apply for a PSO to prevent the mother from relocating the child until a full hearing can determine what is in the boy’s best interests.

Domestic abuse and the emergency prohibited steps order process

In cases involving domestic abuse, the court adjusts its process under Practice Direction 12J to prioritise the safety of the child and the applicant.

Key aspects of the process include:

• Risk Assessment: The court must actively consider any risk of harm and ensure the final order protects both the child and the resident parent.
• Emergency Applications: If there is an immediate threat (like an imminent abduction risk), you can apply for an emergency, “without notice” (ex-parte)

An emergency order changes the standard procedure in the following ways:

• Immediate Hearing: A judge hears the application almost immediately.
• No Prior Notice: The other parent is not informed about the hearing and is not present, reducing the risk of triggering further abuse or flight.
• Temporary Protection: The court grants an interim order to protect the child straight away.
• Return Date: A second hearing is scheduled later where the other parent can attend and present their case.

How to apply for a prohibited steps order in England and Wales through the family court

Applying for a Prohibited Steps Order (PSO) follows a structured legal process. Unless it is an emergency, parents must attempt out-of-court resolution first.

1. Mediation (MIAM): Prerequisite: You must attend a Mediation Information and Assessment Meeting. If mediation is unsuitable or fails, the mediator signs your Form C100.
2. Complete Form C100: Application: Fill out the standard application form, clearly stating the specific action you want to prohibit and the reasons why.
3. File the Application: Court Submission: Submit the original form and two copies to your local family court along with the required fee.
4. First Hearing (FHDRA): 5 to 6 weeks later : Attend the First Hearing Dispute Resolution Appointment. A Cafcass officer will present initial safeguarding checks to help the judge understand the case.
5. Evidence & Further Hearings: If unresolved: If no agreement is reached, the court may order witness statements, a full Cafcass report, or a fact-finding hearing for abuse allegations.

The welfare checklist and court decisions

When deciding on a PSO, judges use the Welfare Checklist (Section 1, Children Act 1989) to focus entirely on the child’s needs, not the parents’ fairness.

The court evaluates:

• Child’s wishes: Weighted by age and maturity.
• Core needs: Physical, emotional, and educational impacts.
• Stability: The effect of changing their current circumstances.
• Risk of harm: Any past abuse or future risks.
• Parental capability: How well each parent can meet those needs.

Case Example:

A father wants to move his 14-year-old daughter to boarding school; the mother applies for a PSO to block it. Because the daughter is mature enough to express a strong wish to stay with her friends, the court may grant the PSO, prioritising her emotional stability.

FAQs

What is a prohibited steps order?

A court order under the Children Act 1989 preventing a parent from taking specific actions, such as relocating a child or changing their school.

How long does a prohibited steps order last?

Usually until the child turns 16, or 18 in exceptional cases. The court may also set a shorter time limit.

How much does a prohibited steps order cost?

The court application fee is £270. You may be eligible for help with the fee if you are on a low income or have limited savings. Solicitors’ fees are separate and vary depending on the level of advice and representation required.

Can a prohibited steps order be overturned?

Yes. A parent can ask the court to vary or discharge the order if doing so is in the child’s best interests.

A Prohibited Steps Order helps prevent one parent from making major decisions that could affect a child’s welfare without the other parent’s consent. If you are facing a dispute over relocation, schooling, or another important issue, act quickly, keep the focus on your child’s best interests, and seek legal advice to give your application the strongest chance of success.

This guide provides general information only and does not constitute legal advice. Law and court fees are subject to change.

KEY TAKEAWAYS:

• Understanding a PSO: A Prohibited Steps Order under Section 8 of the Children Act 1989 prevents a parent from taking specific actions affecting a child. It is only granted where it is in the child’s best interests.
• Applying for a PSO: Most applications require a MIAM unless an exemption applies. Applications are made using Form C100, and urgent cases may be heard without notice.
• Court decisions: The court applies the Welfare Checklist when deciding whether to grant a PSO and how long it should remain in force.