United Kingdom · family

How to Apply for a Prohibited Steps Order in the UK (England and Wales)

A Prohibited Steps Order (PSO) is a legally binding injunction made by the Family Court in England and Wales that stops a parent or guardian from taking a specific action regarding a child without the court's permission. If you face an immediate risk—such as an unapproved relocation, school change, or international abduction—you can apply urgently to safeguard your child. Understanding the legal criteria and court procedures under the Children Act 1989 allows you to take decisive action before your position is compromised.

What the Law Says: Section 8 Orders and the Welfare Principle

In the United Kingdom, family law jurisdiction for England and Wales provides for a Prohibited Steps Order under Section 8 of the Children Act 1989 [cite: Children Act 1989 s. 8]. A PSO acts as an embargo: it prevents someone from exercising parental responsibility in a designated way, such as taking a child abroad, moving them to a new town, changing their surname, or enrolling them in a new school without your consent or court approval [cite: Children Act 1989 s. 8, s. 13].

When deciding whether to grant the order, the court's paramount consideration under Section 1(1) of the Children Act 1989 is the child's welfare [cite: Children Act 1989 s. 1(1)]. The judge will apply the 'welfare checklist' set out in Section 1(3), evaluating the child's physical, emotional, and educational needs, their wishes and feelings in light of their age, and the likely effect of any sudden disruption to their living arrangements [cite: Children Act 1989 s. 1(3)].

MIAM Exemptions and Urgent 'Without-Notice' Applications

Ordinarily, Section 22 of the Children and Families Act 2014 requires applicants to attend a Mediation Information and Assessment Meeting (MIAM) before applying for a private family law order [cite: Children and Families Act 2014 s. 22]. However, when there is an imminent risk that a child will be removed from your care, taken out of the jurisdiction, or subjected to harm, you can claim an exemption under Part 3 of the Family Procedure Rules 2010 (FPR) [cite: Family Procedure Rules 2010 part 3].

If notifying the other party would cause them to accelerate their plans—such as catching a flight or concealing the child's location—you can apply 'without notice' (ex parte) under FPR Part 18 and Part 20. In an emergency, a duty judge can hear the matter on the same day and issue an interim order, alongside an all-ports alert to UK Border Force if international travel is threatened. A second 'return hearing' will then be scheduled so the other party can attend and state their case.

Preparing Your Evidence and Moving Forward

To succeed, your application must rely on tangible evidence rather than generalized fear. Courts expect specific facts: copies of one-way travel itineraries, written communications showing an intention to relocate, or notices of school deregistration. Your witness statement should set out a clear chronology of parental responsibility, the current status quo of the child's routine, and the specific harm that will occur if the prohibited action is taken.

Navigating urgent court applications while under severe emotional strain can feel overwhelming. You do not have to handle the preparation in isolation. You can use Caunsel to research statutory grounds, organize and store your evidence in a secure case file, and connect with independent family law solicitors or direct-access barristers who can advocate for you in court.

Steps

• Assess whether your situation qualifies for an urgent MIAM exemption (e.g., immediate risk of child removal, unlawful relocation, or domestic abuse) under Family Procedure Rules Part 3.
• Complete court Form C100, providing exact details of the child, parties with parental responsibility, and the precise restriction you are requesting the court to impose.
• Draft a concise witness statement detailing the immediate risk, attaching contemporaneous evidence such as messages, travel bookings, or school withdrawal notices.
• Submit your Form C100 to the nearest Family Court (either online via the HMCTS portal or by hand in an emergency) and pay the £255 court fee or submit Form EX160 for fee remission.
• Attend the emergency hearing (in person or remotely); if granted an interim order without notice, ensure the respondent and relevant authorities (e.g., the police or school) are formally served as directed by the judge.

Common mistakes

• Failing to formally claim a valid MIAM exemption on Form C100, which causes court administration staff to reject or delay urgent paperwork.
• Using a Prohibited Steps Order application to resolve child contact or living arrangements, which instead require a Child Arrangements Order under Section 8 of the Children Act 1989.
• Waiting for the other party to actually move or leave the country before filing; PSOs are preventative and much harder to enforce once the child has been relocated.
• Submitting an unfocused, emotional witness statement that omits specific dates, times, and tangible proof of the opposing party's unilateral intentions.

Questions people ask

Can I apply for a Prohibited Steps Order without the other parent knowing?

Yes. If there is genuine urgency or a risk that notifying the other parent will prompt them to remove the child or destroy evidence, you can apply 'without notice' under the Family Procedure Rules 2010. The court will hold an emergency hearing and, if granted, will schedule a follow-up 'return hearing' where the other parent can put forward their defence.

How long does a Prohibited Steps Order remain in force?

A Prohibited Steps Order typically lasts until the date specified by the judge, until a further order is made, or until the child reaches the age of 16 (or 18 in exceptional circumstances) as provided by Section 9(6) of the Children Act 1989.

What happens if someone breaches a Prohibited Steps Order?

Breaching a Prohibited Steps Order is a contempt of court. If an order is breached, you can apply to the Family Court for enforcement. Depending on the gravity of the breach, the court has the power to impose fines, issue a community order, or commit the breaching party to prison.

General information only, last updated 2026-10-09. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in United Kingdom.