You have somehow lost your child’s custody and are worried about his future in specific matters, right? You have concerns about your child’s future since your ex-spouse makes poor decisions. If so, the prohibited steps order can help you prevent your ex-partner from taking such actions.
Prohibited steps order is a legal way to stop your ex-spouse from making decisions you disagree with. You can prevent your spouse from taking the child to another city or country and changing the name or school. You can stop your ex-spouse from taking your child to people you don’t like.
Remember—before taking any legal action, consider discussing this with your ex-partner. It’ll save you time and money, and you might get positive outcomes. We’ll discuss prohibited steps in detail and share some legal advice. Let’s get started with what a prohibited steps order is.
What Is A Prohibited Steps Order – A Quick Overview
Let’s define Prohibited Steps Order (PSO) in its literal meaning. It’s an order to prevent your ex-spouse having child custody from taking a set of actions regarding your child’s life. With this order, you can stop your ex from making those decisions you think can harm your child.
You can go for a prohibited steps order when you feel insecure about your child’s future. What do you think? Is this possible, and would the results be fruitful? So, the answer is Yes. PSO is a provision from the court. You only have to prove the facts to secure a favorable decision.
Your local court accepts a prohibited steps order based on the child’s best interest. If your facts confirm that the steps pose a danger to the child, the court can stop them. So, you can’t go for PSO for your personal issues, and your reasons must relate to the child’s well-being.
What’s Covered Under A Prohibited Steps Order
Prohibited Steps Order (PSO) covers quite a few matters, from education to meeting with some people. You can apply for a step order in court to prevent your ex-spouse from doing things you disagree with. You’ll have to prove it’s not in the child’s interest. These orders include:
- Preventing the parent from moving their child to a new school
- Prevent changing the second name of their child on their own
- Preventing the child from seeing a person who is not reliable
- Preventing parents from providing unsafe treatment or surgery
- Preventing the parent from taking the child out of the country
PSO relates significantly to your ex-partner’s parental responsibility and your child’s well-being and future. You must be careful and make clever decisions to ensure a better life. These step orders are in effect until your child can decide independently. Let’s look deeper into it.
Duration of A Prohibited Steps Order In The UK
Well, how long does a prohibited steps order last in the UK? So, a prohibited steps order lasts until the child turns 16—that’s the lowest number. In a few conditions, it can extend until the child turns 18. And the court will also consider this age when writing these prohibited steps.
However, this order does not carry an obligation or a fixed value. Courts can decide the duration according to the child’s best interest. It depends on several things, including the step and your child’s age. The court implements prohibition for a specific time by looking at all such factors.
Why You Should Apply For A Prohibited Steps Order
As we discussed earlier, you can’t apply for a prohibited steps order for your personal issues with your ex-partner. You can apply only when you think a particular step by your ex can badly affect your child. So, based on this reason, you can apply for PSO in your local court to:
Keep Your Child Close To You In Your Town
When a couple gets divorced, the parents most likely want to move to another town. It’s pretty usual, and there are no issues in moving away from the city and the people you were with. But the problem is with the parent who has been given the child custody and moving with the child.
When one parent takes their child to another city, the other parent can apply not to take the child away. But again, it’ll only be effective when you think this can affect the child’s education or entire life. If you had agreements at the time of divorce, these would also come into effect.
So, remember, if the move to another city benefits the kid, the court can reject your application. What else is if your child also wants to move to another city, you can’t win the case. Apply for PSO only for your child’s well-being to continue their productive activities in your town.
Keep Your Child Away From Specific People
Even if you don’t like your ex-spouse’s new partner or their family, that doesn’t matter. What matters is the well-being of your child and how the new family will affect the child’s life. You can apply for a prohibited steps order only if you think your child can’t survive and won’t get care.
If you have a proper justification and the right solicitor, like KQ Solicitors, to help, you can file a PSO. And, of course, the results would benefit you, and your child would receive what you want. However, as we said, if it’s for your own personal reasons, your request will get rejected.
So, the sole reason should be your child’s welfare and the things associated with it. If you think your child won’t get the proper care from the new partner as a father, PSO can help. You can ask the court to send your child to the dorm for further education, and you can cover the expenses.
Things To Consider Before Applying For A Prohibited Steps Order
Before applying for a prohibited steps order, you must consider a few things to figure things out of the court. It’ll help you as this legal process takes time, and you’ll have to spend a lot on it. So, we have listed a few things to save you time, money, and resources. Let’s get started.
Discuss With Your Partner
You and your ex-partner should discuss all those issues you feel can negatively impact your child’s future. In any case, you and your partner are doing this for your child’s benefit. So, sit together in a cafe, have a cup of tea, and discuss every single factor in detail.
Consider Time And Money
As you know, court procedures are more time-consuming than we anticipate. It’ll waste a lot of time, and you might not get favorable results. You’ll have to spend a large sum when applying for a prohibited steps order. That’s why try to resolve the issues with your ex-spouse.
Look For Approval Chances
If you want to get approval on your prohibited steps order application, you’ll need solid reasons. You can talk to your ex-spouse before applying to court. If your partner disagrees, consult with an expert solicitor to know if you can get approval and convince the court.
Want To Apply For Prohibited Steps Order? Here’s How
Your ex-spouse does not agree with you on some decisions regarding your child. You want to apply for a prohibited steps order, right? If you are ready, the process is pretty simple. All you need is to fill the Form C100 with your details and print it on legal paper to submit to the court.
Before submitting the form to the court, attend a mediation to resolve the issue. Besides that, if you don’t have parenting responsibility, fill out a C2 Form to become eligible. If you’ve issues in filling out forms and submissions, a professional solicitor can assist you in the entire process.
FAQs
Q. What is a Prohibited Steps Order (PSO)?
A. A PSO is an order from the family court that prevents one or both parents from taking any action which affects their child’s upbringing, for example, preventing them from taking the child away from the country or changing their name without permission.
Q. Who can apply for a PSO?
A. Any parent with parental responsibility can apply for a PSO. The court also has the power to make a PSO on its own initiative.
Q. What are the implications of a PSO?
A. A PSO will have serious consequences and could potentially affect your relationship with your child. A PSO could also lead to a court imposing penalties such as fines or imprisonment if you don’t comply with the order.
Q. How long does a PSO last?
A. A PSO will remain in place until the court decides to vary, discharge or replace it. It could remain in place indefinitely, depending on the circumstances and decisions of the court.
Q. What happens if I breach a PSO?
A. If you breach a PSO, you could face serious consequences such as fines, imprisonment, or other court proceedings against you. You may also have to compensate the other party and be asked to cover their costs.
Digital Divorce Cases Family Court Stats UK
| Information | January to March 2021 | January to March 2022 |
| Total petitions made | 39,058 | 30,240 |
| Digital divorce cases petitions made | 26,973 (69%) | 26,240 (89%) |
| Average time to decree nisi | 18 weeks | 14 weeks |
| Average time from petition to decree absolute | 31 weeks | 28 weeks |
| New divorce law effective date | N/A | 6 April 2022 |
Conclusion
Prohibited Steps Order (PSO) is an excellent option after a divorce when you don’t have child custody, and you care for your child. It’s your legal right to file an order for your child’s welfare. If you don’t have parental responsibility, you can still indulge—after all, your kid is your blood.
Before applying for a prohibited steps order, discuss all your concerns with your ex-spouse. If your partner disagrees, you can consult a solicitor or a mediator to help solve the issue. Go for court as your final option; it’ll be a headache for both of you and lengthen the process.
