This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive guide to Prohibited Steps Orders in England and Wales. Explains what these Family Court orders are, when they are used to restrict actions such as international travel or school changes, how applications under the Children Act 1989 work, timeframes, enforcement, variation and practical considerations.
Disputes between separating parents or carers sometimes go beyond where a child lives or when they spend time with each parent. In some situations, disagreements arise about a specific action one parent may take that could affect a child's life - for example, moving the child abroad, changing the child's name, or altering where the child goes to school. In such cases, the family courts in England and Wales can make a Prohibited Steps Order (PSO) under Section 8 of the Children Act 1989, restricting certain decisions unless the court gives prior consent. Prohibited Steps Orders are powerful tools intended to protect the welfare and stability of children when unilateral action could cause uncertainty or harm.
This article explains what Prohibited Steps Orders are, when they are used, how the court process works, what evidence is needed, potential timeframes and risks, and answers common questions for readers without legal backgrounds as well as those with professional interest.
What Is a Prohibited Steps Order?
A Prohibited Steps Order is a family court order that prevents an individual - usually a parent with parental responsibility - from taking a specific step concerning a child without the prior permission of the court. This means that the person subject to the order must not carry out that action unless a judge or magistrate expressly allows it.
Unlike Child Arrangements Orders, which regulate where a child lives and their contact time with parents, or Specific Issue Orders, which direct a decision on a particular question, a Prohibited Steps Order restricts an action that would otherwise be within a parent's rights under parental responsibility.
Common Situations Where a PSO Is Used
A Prohibited Steps Order can be sought in a variety of circumstances where an imminent action might affect the child's welfare or disrupt agreed arrangements. Typical examples include:
- Preventing a parent from taking a child out of England and Wales, whether temporarily or permanently (sometimes described as preventing child removal abroad).
- Restricting a parent from moving a child to a different local area without consent, preventing one parent from relocating the child away from the other's contact area.
- Preventing a parent from changing a child's school without agreement or court direction.
- Restricting changes to a child's surname where parents disagree.
In each case, the order aims to prevent unilateral action that could undermine the child's welfare or make future legal resolution more difficult.
Who Can Apply for a Prohibited Steps Order?
Applications for a Prohibited Steps Order are typically made by individuals with parental responsibility for the child, such as:
- A birth parent with legal parental responsibility;
- A guardian or someone with parental responsibility by virtue of a court order;
- A person with a Child Arrangements Order that the child lives with, if that order confers appropriate rights.
Individuals without parental responsibility (such as extended family or carers) do not automatically qualify but may apply for permission from the court if they can demonstrate a significant connection to the child and a legitimate reason.
The Legal Framework and Welfare Principle
Prohibited Steps Orders are made under Section 8 of the Children Act 1989, which empowers the court to regulate or restrict how parental responsibility is exercised.
When deciding whether to grant a PSO, the court's paramount consideration is always the welfare of the child. In doing so, it applies the statutory welfare checklist under Section 1(3) of the Children Act, which includes factors such as the child's wishes and feelings, their physical and emotional needs, any risk of harm, and the impact of the proposed restriction.
How to Apply for a Prohibited Steps Order
Pre‑Application Steps
Before applying to court, applicants are generally expected to attend a Mediation Information and Assessment Meeting (MIAM) to explore whether mediation or other forms of dispute resolution can resolve the issue. However, exemptions may apply - for example, where there is risk of harm, domestic abuse, or urgency that justifies a direct application.
Filing the Application
To begin the process, the applicant completes Form C100 (or Form C2 if the application is being made within existing proceedings) and submits it to the family court, clearly identifying the specific step they want to prevent and why a restriction is necessary.
Urgent and Without‑Notice Applications
In urgent cases - for example, where there is an imminent risk of a parent removing a child from the jurisdiction - it is possible to request a without‑notice hearing (also known as an ex‑parte application). If the court agrees, it can grant a temporary Prohibited Steps Order without informing the other party in advance. The order will remain until the respondent is served and a full hearing takes place.
Court Hearings and Cafcass Involvement
Once the application is accepted, a first hearing is scheduled. The Children and Family Court Advisory and Support Service (Cafcass) may be instructed to undertake risk checks, assess safeguarding concerns and advise the court on welfare issues. Cafcass involvement ensures the child's voice, safety and best interests are reflected in the court's decision.
Further hearings may be listed to allow evidence, witness statements and submissions before the court makes a final decision on whether to grant, refuse or modify the order.
Duration and Enforcement of Prohibited Steps Orders
Duration
Once a Prohibited Steps Order is made, the court will specify how long it lasts. PSOs can remain in force:
- For a fixed period, such as several months or as needed for the specific dispute;
- Until the child reaches age 16 (or, in some circumstances, age 18 where justified);
- Until a further order modifies or discharges the restriction.
The court has discretion to tailor the duration based on the nature of the issue and what best safeguards the child's welfare.
Enforcement and Consequences of Breach
A Prohibited Steps Order is legally binding, and failure to comply with it can amount to contempt of court. Contempt proceedings may lead to sanctions including fines, community orders, or, in rare and serious cases, imprisonment. The court's primary focus remains on ensuring compliance to protect the child's interests.
If a PSO is breached and the issue affects a child's wellbeing, the other party can apply to the court for enforcement or a review of the order.
Variation and Discharge of Prohibited Steps Orders
If circumstances change, either party can apply to vary or discharge a Prohibited Steps Order using the correct court forms (often C100). The applicant must demonstrate how and why the changed circumstance affects the child's welfare and why the restriction should be modified or removed. The court will reassess the matter in light of the welfare checklist.
Agreed changes between the parties can also be formalised into a consent order submitted to the court for approval, provided the court is satisfied that the updated terms serve the child's best interests.
Risks, Practical Considerations and Evidence
Evidence and Documentation
Strong evidence is crucial in contested cases. Applicants should compile documentary evidence (communications, travel bookings, school correspondence, expert reports) that supports the risk or harm the disputed action may pose to the child's welfare. Clear evidence strengthens the case that a restriction is necessary.
Reasonable Alternatives
Where feasible, the court expects parents to attempt less restrictive resolutions, such as negotiation or mediation, unless there are clear reasons not to do so (for example, risk of immediate harm).
Interplay with Other Orders
Prohibited Steps Orders often arise alongside or in the context of ongoing Child Arrangements Order proceedings, but they can also be sought independently when a targeted restriction is necessary. Courts will not make PSOs for results that could be appropriately achieved through other Section 8 orders (for example using a CAO for residence or contact issues).
Common Questions About Prohibited Steps Orders
Who needs to attend mediation before applying?
Most applicants must attend a MIAM unless an exemption applies, such as domestic abuse or immediate risk to the child.
Is a PSO permanent?
No. Prohibited Steps Orders are time‑limited or remain until varied/discharged and cannot last beyond the child's 18th birthday.
Can orders be amended by agreement?
Yes, changes can be formalised as consent orders with court approval if both parties agree and the arrangement supports the child's welfare.
Summary
A Prohibited Steps Order is a focused court mechanism used in England and Wales to prevent a parent or individual with parental responsibility from taking a specific action affecting a child without the court's consent. Grounded in the Children Act 1989, Prohibited Steps Orders are designed to protect the child's welfare by maintaining stability and preventing unilateral decisions about issues such as international travel, school changes or relocation. The court's paramount consideration is always the child's best interests, assessed through the statutory welfare checklist. Applications can be made routinely or on an urgent basis, and orders can be tailored in duration and scope. Breaching a Prohibited Steps Order carries legal consequences, including potential contempt of court. Understanding when and how these orders can be obtained, varied or enforced helps parents and carers navigate complex family law disputes with appropriate legal context and practical clarity.
