Prohibited Steps Order vs Child Arrangement Order

May 30

When it comes to your child’s wellbeing, making the right legal decisions can feel overwhelming. Two of the most common legal tools used in disputes over children are the Child Arrangements Order and the Prohibited Steps Order, both part of Section 8 of the Children Act 1989. Understanding the difference between the two is key to making informed choices that put your child’s best interests first.

It’s also important to understand parental responsibility, which means having the legal rights and duties to care for a child. Both Child Arrangements Orders and Prohibited Steps Orders apply to individuals with parental responsibility, ensuring decisions about the child’s welfare are made with the right authority.

This guide offers a clear comparison to help you understand what each order is for and when it might apply.

Understanding the Difference between Child Arrangements Order and Prohibited Steps Order

While both Child Arrangements Orders and Prohibited Steps Orders are designed to protect a child’s welfare, they serve very different purposes. Below, we break down how each order works, so you can feel more confident about the steps you’re taking.

What is a Child Arrangements Order (CAO)?

A Child Arrangements Order is a legal agreement that sets out:

● Residence: Confirms where and with whom the child will live.

● Contact: Details when and how the child will see or communicate with the other parent or relatives, whether through visits, phone calls, or video chats.

Every Child Arrangements Order is tailored to the unique circumstances of the family involved. There’s no one size fits all approach as the court focuses on what’s best for the individual child in each case.

What is a Prohibited Steps Order (PSO)?

A Prohibited Steps Order is a legal agreement that prevents a parent from making specific decisions about their child without the court’s permission. Common uses include:

● Travel: Stops one parent from taking the child abroad without agreement.

● Name changes: Prevents changes to the child’s surname.

● Education: Blocks the child from being enrolled in or moved to a particular school.

● Medical care: Restricts certain medical treatments unless approved by the court.

Just like with Child Arrangements Orders, each Prohibited Steps Order is based on the individual family’s situation. The court will only make an order if it’s necessary to protect the child’s wellbeing and prevent harm.

What to Expect When Applying for a Child Arrangements Order

Applying for a Child Arrangements Order involves several steps, each designed to ensure the child’s best interests remain the top priority. Here’s how the process typically works:

Mediation Information and Assessment Meeting (MIAM): Before making an application, most people are required to attend a MIAM. This is a short meeting with a mediator to see if the issues can be resolved out of court, which can often be quicker and less stressful for everyone involved.
Form C100: If mediation isn’t appropriate or doesn't resolve the matter, the next step is to complete a C100 form. This form formally asks the court to decide on arrangements for the child. If there are concerns about domestic abuse or the risk of harm, a C1A form should also be submitted.
Court Proceedings: Once the application is submitted, the court may arrange several hearings. The first of these is usually the First Hearing Dispute Resolution Appointment (FHDRA), where both parties and the court begin working toward a resolution.
CAFCASS Involvement: The court may ask CAFCASS (Children and Family Court Advisory and Support Service) to speak with both parents and sometimes the child, to help the court understand what’s best for the child’s welfare.
Final Decision: The court issues an order based on the child's best interests.
A Child Arrangements Order usually stays in place until the child turns 16, or 18 in exceptional circumstances.

Child Arrangements Order Example

Every Child Arrangements Order is unique and shaped by what’s best for the child involved. There’s no fixed template, but to help you understand how it might look in practice, here’s a common example:

Example Scenario:
A child lives primarily with their mother during the school week. They spend alternate weekends from Friday after school until Sunday evening with their father. School holidays are shared equally between both parents. During term time, the child has a scheduled video call with the non-resident parent once a week.

This kind of arrangement helps provide stability for the child while ensuring they maintain a meaningful relationship with both parents. The exact terms will vary depending on the family’s needs, the child’s age, and what the court considers to be in their best interests.

How to Apply for a Prohibited Steps Order and What Happens Next

A Prohibited Steps Order is used when one parent wants to stop the other from making a particular decision about their child without agreement. This could involve preventing a change of school, stopping international travel, or blocking a change of surname. Here’s how the process typically works:

Form C100 or C2: You will need to fill out either a C100 or C2 form. A C100 is used when there are no current court proceedings in place. If there’s already an open case, you’ll use form C2 to request the PSO. It’s important to clearly explain what action you’re asking the court to prevent, and why you believe it isn’t in the child’s best interests.
Mediation Assessment (MIAM): Before applying, you may need to attend a MIAM, unless your situation qualifies for an exemption. This meeting explores whether the issue could be resolved through mediation, as the court always encourages parents to try to reach an agreement outside of court wherever possible.
Court Hearing: Once your application is accepted, the court will schedule a hearing. Both parents will have the opportunity to present their views, and the judge will consider all the facts. The court will always base its decision on the child’s welfare, using the guidelines set out in the Children Act 1989.
Issuing the Prohibited Steps Order: If the court agrees that the proposed action could negatively impact the child, it may grant a Prohibited Steps Order. The details of the order will vary depending on the circumstances and what the judge considers necessary to protect the child’s wellbeing.

A Prohibited Steps Order can last until a specific date set by the court, or until the child reaches the age of 16. In some rare cases, it may be extended until the child turns 18.

Prohibited Steps Order Example

To give you a better idea of how a Prohibited Steps Order works in practice, here’s a typical example:

Example Scenario:

A mother applies for a Prohibited Steps Order to stop the father from taking their child abroad for an extended trip without her consent. She’s concerned that he might not return the child, and no agreement has been reached between them. The court grants the order, meaning the father cannot take the child out of the country unless he gets permission from the court or the mother agrees in writing.

This kind of order is designed to protect the child from potential disruption or risk, while ensuring that decisions are made with their safety and stability in mind.

H2: What happens if you breach a Child Arrangement Order or a Prohibited Steps Order

Breaching either a Child Arrangements Order or a Prohibited Steps Order is a serious matter, and the court has the power to step in if an order is not followed.

If a Child Arrangements Order is breached, such as refusing to allow contact or not returning a child at the agreed time, the court can take enforcement action. This might include ordering unpaid work between 40 to 200 hours, imposing a fine or, in more severe cases, considering a change to the child’s living arrangements.

Breaching a Prohibited Steps Order can also lead to serious consequences. If a parent takes an action the order was specifically put in place to prevent, like taking a child abroad without consent, the court may treat this as contempt of court. Penalties can include fines, community service or even imprisonment depending on the circumstances.

In both cases, the court will look at why the order was breached and whether it was reasonable.

Choosing between a Child Arrangement Order or a Prohibited Steps Order

When you're trying to decide which legal route to take, it's important to consider the nature of the issue and the outcome you're hoping to achieve.

A Child Arrangements Order is usually the best option if you need clarity on where your child will live or how time is shared between parents. It helps establish structure and routine, especially when communication has broken down.

A Prohibited Steps Order is better suited for situations where you’re concerned that the other parent may take a significant step without your consent, such as taking your child abroad or changing schools. This type of order is typically used when there’s a genuine risk that something may happen without your agreement.

If a PSO is granted, the court may include specific directions, timeframes or conditions. It may also request supporting evidence, such as return travel tickets, to show there is a clear intention to return to the UK.

If you’re unsure which option is right for your situation, our team at RJS Family Law is here to help. We offer clear, compassionate legal advice to ensure your child’s welfare is properly protected from the very start. Get in touch today to speak to one of our experienced family solicitors.

FAQs

What does a judge look at in a Child Arrangements Order or Prohibited Steps Order?
For both orders, the judge’s priority is the child’s welfare. They consider factors like the child’s needs, age, wishes, any risk of harm, and each parent’s ability to meet those needs. The court uses the Children Act 1989 welfare checklist to guide its decision and will only make an order if it’s in the child’s best interests.
Do I need to attend mediation before applying for an order?
In most cases, yes. You’ll be required to attend a Mediation Information and Assessment Meeting (MIAM) before making an application, unless you’re exempt, for example, in cases involving domestic abuse or urgent risk of harm.
What kind of evidence might the court ask for?
This depends on the case. For example, if you’re worried a child may not return from a trip abroad, the court might ask for evidence such as return flight tickets or written agreements. The court needs to see that your concerns are genuine and based on fact.
Can I apply for both orders at the same time?
Yes. If your situation involves both day-to-day care arrangements and a need to prevent a specific action, you can apply for a Child Arrangements Order and a Prohibited Steps Order together.
Do I need a solicitor to apply for one of these orders?
You can apply on your own, but having a family law solicitor can make the process clearer and less stressful. They’ll help you present your case effectively and ensure your child’s best interests are properly represented. At RJS Family Law, our experienced solicitors are here to support you every step of the way. Contact us today for expert guidance tailored to your situation.