Prohibited Steps Orders and Their Effect on Parents

Unfortunately there are times when relationships break down and the effects of the breakdown are felt throughout the family - nowhere more so than with the children who are usually stuck in the middle of two parents who cannot agree on how best to proceed.

What is a Prohibited Steps Order?

A Prohibited Steps Order (PSO) is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. This is more common in cases where there is suspicion that one parent may leave the locale with their children if they have been given the chance to - such as on holiday.

We have all heard the stories of a parent taking their child for the weekend and then not returning them or going abroad with them and it becoming extremely difficult for the other parent to get their child back - this is one of the scenarios that the Prohibited Steps Order (PSO) seeks to prevent from happening.

I Want to Take My Child on Holiday - Can I?

You can only do this if the court agrees and in order for that to happen you must appear before a magistrate and prove that you are not likely to skip the country and not come back. It also has to be something that your ex-partner agrees upon too; if they are not agreeable to this and can convince the magistrate then the Prohibited Steps Order (PSO) will not be altered.

Can a Prohibited Steps Order Be Changed?

The answer to this is yes but only if all parties are in agreement and can satisfy a magistrate at Family Court. If there have been instances in the past where visitation rights have been exceeded or ignored then the magistrate may feel he or she has no other choice but to rule against any proposed changes to the order. Also he or she must take into account the effects such changes may have on the child (or children).

What Can I Do If The Other Parent Doesn't Come Back?

There is no easy way to deal with this question - the chances are if they have taken them to a country that has not entered into an agreement with the United Kingdom then it may be hard to have your child returned to you.

At present there are forty-five countries that have entered into an agreement with the United Kingdom to help with the recovery of a child in these circumstances.

Does The Prohibited Steps Order Apply Just to Holidays?

No, the Prohibited Steps Order (PSO) also applies to any jurisdiction within the United Kingdom as specified by the court at the time of issue. For example if the court finds that there are grounds to suspect the parent in question may take their child out of the area then they may specify in the order that they do not do so. Failure to comply with this order is a criminal offence and could result in a custodial sentence - often charged as kidnapping.

For further information you should contact your local Family solicitor for advice.