What Is a Prohibited Steps Order
A prohibited steps order (PSO) is an order made under section 8 of the Children Act 1989 that prohibits a person from taking a specific step in relation to a child without the court's consent. A PSO can be used to prevent a parent from removing a child from the jurisdiction, from removing a child from their current home, or from taking any other specific action that would harm the child's interests or undermine another person's parental responsibility.
PSOs are frequently used in conjunction with child abduction concerns, both international and internal. They are one of the most powerful tools available for the immediate protection of a child where removal is feared.
When a PSO Is Appropriate
A PSO is appropriate where there is a real risk that the other parent will remove the child without consent. Indicators of this risk include: the other parent has family abroad and has made comments about returning, the other parent has purchased or inquired about one-way tickets, the other parent has removed the child's passport or asked about obtaining one, the other parent has given notice to the child's school, or there has been a recent relationship breakdown with acrimony. A history of taking the child abroad without consent also supports the application.
For internal relocation, a PSO is appropriate where the other parent has announced or is about to implement a move that would significantly impact contact and you have not agreed to it.
The Without-Notice Application
Where the risk of removal is immediate, you can apply for a PSO without giving notice to the other parent. A without-notice application is made to the duty judge and can result in an order within hours. The court will grant a without-notice PSO where the risk of harm from giving notice -- because the other parent might accelerate plans on learning of the application -- outweighs the procedural injustice of acting without hearing the other side.
To make a without-notice application, attend your local family court as early in the day as possible with a completed C100 form and a short witness statement explaining the urgency and why notice has not been given. State specifically what you are asking the court to prohibit and why you believe the risk is immediate.
Passport Orders and Port Alert
Alongside or instead of a PSO, you can apply for an order requiring the child's passport to be surrendered to the court or to a solicitor. You can also ask the court to issue a port alert -- a notification to Border Force to prevent the child leaving the country. Port alerts are particularly important where you do not have the child's passport and the other parent does, or where the child is a dual national and may travel on a foreign passport.
The police can also be asked to issue a port alert in genuine emergencies. Contact the police and explain that you have reason to believe a child is about to be taken abroad without consent. They can act quickly through the relevant Border Force channels.
What Happens After a Without-Notice Order
A without-notice PSO is a temporary measure. The court will fix a return date -- usually within a few days -- at which both parties attend and the other parent can respond to the application. At the return hearing, the court will decide whether to continue, vary, or discharge the order. The other parent will have the opportunity to explain their position and the court will hear both sides before making a final decision.
Breach of a Prohibited Steps Order
Breach of a prohibited steps order is contempt of court, which can be punished by a fine or imprisonment. Where a child is removed in breach of a PSO, the court can take immediate enforcement steps. Contact your solicitor or the court immediately if a PSO is breached. The police should also be informed, as the removal may also constitute a criminal offence under the Child Abduction Act 1984.