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5 Factors to Consider when Applying for a Prohibitive Steps Order in the UK

5 Factors to Consider when Applying for a Prohibitive Steps Order in the UK

When considering an application for a Prohibitive Steps Order (PSO) in the UK, there’re several factors to consider. First, it’s important to understand the legal basis for the PSO. This includes:

  • The relationship between the applicant and the respondent
  • The extent of the respondent’s parental responsibility
  • The nature of the application

Second, the child’s welfare or children in question must be consider. Next, the court will consider any risks to their welfare posed by a PSO. Third, any risk to the applicant. Next, the court will assess any risk of further harm the respondent poses.

Fourth, any third-party rights should be considered. This includes the rights of grandparents and other family members. Finally, the court must also consider any relevant existing court orders.

Considering these five factors is essential when applying for a PSO in the UK.

What is the Prohibitive Steps Order?

A PSO is a court order used to prevent a specific action from being taken concerning a child. This can include:

  • A PSO can be used without the consent of the person with parental responsibility for the child.
  • It’s used to prevent a child from being given a new name without the consent of the person with parental responsibility for the child.
  • It’s also used to prevent a child from being removed from the care of a specific person without the consent of the person with parental responsibility for the child.

To apply for a PSO, you must be a person with parental responsibility for the child or an interest in the child’s welfare. This can include grandparents, step-parents, or other family members.

Under UK law, the PSO is a legal order that prevents a parent or guardian from making any changes to a child’s living arrangements or changing their name without the court’s permission.

This includes decisions about their religion, education, or medical care. A PSO will remain in effect until the child turns 18 or the court modifies or revokes the order. It’s important to note that a PSO doesn’t give any legal parental rights to the person seeking the order.

How to Apply for a Prohibited Steps Order?

To apply for a PSO, you must fill out a C100 form, available from the court or online. In the form, you’ll need to provide information about yourself, the child, and the specific action you seek to prevent.

You’ll also need to provide evidence to support your application. This includes a copy of your child’s birth certificate or a letter from a doctor or social worker.

In the C100 form, you’ll need to provide information about yourself, the child, and the specific action you seek to prevent

  • You must submit the form to the court and attend a hearing to present your case.
  • You’ll need to provide evidence to support your application.
  • The court will decide based on the evidence presented and the child’s best interests.

Prohibited Steps Order vs. Child Arrangement Order

A Child Arrangement Order (CAO) is a court order that sets out the arrangements for a child, such as where the child will live and who the child will have contact with.

A PSO, on the other hand, is used to prevent a specific action from being taken against a child.

It is important to note that a PSO and CAO may address similar issues. They’re distinct legal orders and serve different purposes. Applying for a PSO and a CAO may be necessary for certain situations.

The Effects of a PSO on Your Child’s Life

A PSO can significantly impact a child’s life. It can prevent certain actions about the child. For example, suppose a PSO prevents a child from being taken out of the country. In that case, it can limit the child’s ability to travel and potentially limit their educational and cultural experiences.

A PSO can prevent a child from being removed from a specific person’s care, disrupting the child’s sense of security and stability.

It’s important to consider the potential effects of a PSO on a child’s life and their best interests in any decision made

Note that the cost of a Prohibitive Steps Order can vary depending on several factors, including the complexity of the case and the need for expert reports or legal representation.

Additionally, those who are eligible for fee remission may be able to have the cost waived. Moreover, consult KQ Solicitors to get a more accurate cost estimate.

How Does the Court Decide on a Prohibited Steps Order?

When deciding on a PSO, the court will consider a number of factors, including the child’s best interests. This can include the child’s physical, emotional, and educational needs and any harm the child may suffer if the specific action that the PSO seeks to prevent is taken.

The court will also consider the views of the child if they are of sufficient age and understanding. The court will also consider other relevant factors, such as the wishes and feelings of the person responsible for the child.

Ultimately, it is important to have a strong case. Moreover, provide evidence to support your application for a PSO to increase the likelihood of a positive outcome.

FAQs

Q: What is a Prohibitive Steps Order?

A: A Prohibitive Steps Order is a legal document which prevents someone from making certain decisions about a child, such as taking them out of the UK or changing their name.

Q: What are the criteria for applying for a Prohibitive Steps Order?

A: To apply for a Prohibitive Steps Order, the applicant must be either a parent or a person with parental responsibility for the child. The applicant must also show that there is a real risk that the child will be taken away without consent or that their name may be changed without consent.

Q: How long does it take for a Prohibitive Steps Order to be approved?

A: The process usually takes 6-8 weeks from the application’s submission.

Q: Is it possible to appeal a Prohibitive Steps Order?

A: It is possible to appeal a Prohibitive Steps Order if unsatisfied with the outcome. You should contact your local court to determine how to appeal the decision.

Q: What factors will be considered when granting a Prohibitive Steps Order?

A: When deciding whether to grant a Prohibitive Steps Order, the court will consider all relevant factors, including the welfare of the child, any risks of harm and/or abuse, any cultural and religious considerations and the views of all relevant parties involved in the case.

Q: How long does a Prohibitive Steps Order remain in effect?

A: A Prohibitive Steps Order will remain in effect until a Court decides to discharge or vary it. It may be discharged or varied if the circumstances of the case change or if it is found that it is no longer in the child’s best interests.

Conclusion

In conclusion, when applying for a PSO, it is important to consider the potential effects of the order on the child’s life and to ensure that the child’s best interests are taken into account.

It is also important to understand the difference between a PSO and a Child Arrangement Order and to consider whether both types of orders may be necessary for certain situations. Ultimately, the court’s decision on a PSO will be based on the child’s best interests and the evidence presented.

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Our Head Solicitor
Khurram Amir Qureshi

Khurram Amir Qureshi has been an advocate of Pakistan since 2004, a Solicitor of England and Wales since 2009, Solicitor of Ireland since 2015. He has extensive experience in family law, Immigration law, Personal injury cases, and Civil and Commercial litigation gaining over 13 years of continuous practice in England and Wales.

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