A Prohibited Steps Order (PSO) is a court order that prevents a parent from taking certain actions in relation to their child without the permission of the court or the other parent. This type of order is typically used in cases where one parent is concerned that the other parent may take a specific action that could harm the child or interfere with their relationship with the child. In this guide, we will explore the process of obtaining a Prohibited Steps Order, the reasons why it may be necessary, and the implications of breaching such an order.
Reasons for Obtaining a Prohibited Steps Order
There are a variety of reasons why a parent may seek a Prohibited Steps Order in relation to their child.
Some common reasons include:
- Preventing Relocation: A parent may seek a PSO to prevent the other parent from relocating with the child without their consent. This could be to ensure that the child’s relationship with both parents is maintained or to prevent the child from being taken out of the country without permission.
- Protecting the Child’s Safety: A PSO may be sought to prevent a parent from exposing the child to dangerous or harmful situations. This could include preventing a parent from allowing the child to be in the presence of individuals who pose a risk to their safety.
- Maintaining Stability: In cases where there is ongoing conflict between the parents, a PSO may be sought to prevent one parent from making unilateral decisions that could disrupt the child’s stability and routine.
- Protecting the Child’s Welfare: A PSO may be sought to prevent a parent from making decisions that could negatively impact the child’s physical or emotional welfare. This could include preventing a parent from making decisions about the child’s education, healthcare, or religious upbringing without consulting the other parent.
How to Obtain a Prohibited Steps Order
In order to obtain a Prohibited Steps Order, a parent must submit an application to the family court. The court will then consider the application and make a decision based on the evidence presented. It is important to note that obtaining a PSO can be a complex and time-consuming process, and it is recommended to seek legal advice and representation to ensure the best possible outcome.
Steps to Obtaining a Prohibited Steps Order
- Seek Legal Advice: Before proceeding with an application for a Prohibited Steps Order, it is important to seek legal advice from a solicitor who specialises in family law. They will be able to provide guidance on the process and help you prepare your case.
- Gather Evidence: In order to support your application for a PSO, you will need to gather evidence to demonstrate why the order is necessary. This could include witness statements, medical reports, or other relevant documentation.
- Complete the Application Form: The next step is to complete the application form for a Prohibited Steps Order. This form can be obtained from the family court or online and will require you to provide details about the child, the other parent, and the specific actions you are seeking to prevent.
- Submit the Application: Once the application form is complete, it must be submitted to the family court along with any supporting evidence. The court will then consider the application and may schedule a hearing to further assess the case.
- Attend the Hearing: If the court decides to hold a hearing, both parents will be required to attend. At the hearing, each parent will have the opportunity to present their case and provide evidence to support their position. The court will then make a decision based on the evidence presented.
- Receive the Prohibited Steps Order: If the court decides to grant the Prohibited Steps Order, a formal court order will be issued outlining the specific actions that the parent is prohibited from taking. It is important to comply with the terms of the order to avoid facing legal consequences.
Implications of Breaching a Prohibited Steps Order
Breaching a Prohibited Steps Order can have serious consequences, including fines, imprisonment, and potential loss of custody or visitation rights. It is important to understand the implications of breaching such an order and to comply with its terms to avoid legal repercussions.
Consequences of Breaching a Prohibited Steps Order
- Legal Action: If a parent breaches a Prohibited Steps Order, the other parent can take legal action to enforce the order. This could result in fines, imprisonment, or other penalties imposed by the court.
- Loss of Custody or Visitation Rights: Breaching a PSO could also result in the parent losing custody or visitation rights with the child. The court may deem the parent to be in contempt of court and make decisions regarding future custody and visitation arrangements.
- Impact on Future Court Proceedings: Breaching a Prohibited Steps Order can also have a negative impact on future court proceedings involving the child. The court may view the parent’s actions as evidence of their lack of regard for the court’s orders and may take this into consideration when making future decisions.
In conclusion, a Prohibited Steps Order is a valuable tool for protecting a child’s welfare and ensuring that both parents are able to maintain a meaningful relationship with their child. It is important to understand the reasons for obtaining a PSO, the process of applying for one, and the implications of breaching such an order. Seeking legal advice and representation is crucial in navigating the complex legal system and ensuring the best possible outcome for all parties involved.
