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.
The following table provides an overview of the process for applying for a PSO:
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.
The following table compares the two types of orders:
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.
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.
