What Is a Prohibited Steps Order?
Introduction
In family law, ensuring the welfare of the child is paramount.
When parents or guardians disagree about decisions affecting a child’s upbringing, education, or well-being, legal intervention may become necessary. One such intervention is the prohibited steps order (PSO). But what exactly is a prohibited steps order, and when might it be applied?
This blog post explores the key aspects of PSOs, their purpose, and the circumstances in which they might be used.
Back to the top
Definition of a Prohibited Steps Order
A prohibited steps order is a legal directive issued by a family court in Auckland and Auckland under the children Act 1989. It prevents a parent or guardian from undertaking specific actions concerning a child without the court’s permission. These actions can range from taking the child abroad, changing their school, or even altering their living arrangements.
As might be expected, the overarching aim of a PSO is to protect the child’s welfare, ensuring that decisions made are in their best interests. The court takes a child-centric approach, considering factors such as the child’s emotional and physical well-being, their educational needs, and their relationship with both parents.
Back to the top
When Might a Prohibited Steps Order Be Used?
PSOs are not granted lightly and are typically used in situations where one parent’s actions might pose a risk to the child’s well-being. Here are some common scenarios where a prohibited steps order might be sought:
- Preventing Relocation: A parent may wish to move the child to a different city or country, potentially disrupting their stability or severing contact with the other parent. A PSO can prevent such a move until the court determines whether it is in the child’s best interests.
- Blocking School Changes: If one parent wants to change the child’s school without the other’s consent, a PSO can ensure the child’s education remains uninterrupted until the issue is resolved.
- Restricting Contact with Specific Individuals: A PSO can prevent a child from being exposed to individuals who might pose a threat to their safety or well-being, such as a violent or abusive relative.
- Preventing Medical Decisions: In cases where one parent seeks to make a significant medical decision for the child without agreement, a PSO can pause such actions until a court decides.
- Safeguarding Against Abduction: If there is a genuine concern that one parent may attempt to take the child abroad permanently without the other’s consent, a PSO can act as a preventative measure.
Back to the top
Who Can Apply for a Prohibited Steps Order?
The application for a PSO is not limited to biological parents. Individuals with parental responsibility (PR) for the child, such as step-parents or guardians, can also apply. In some cases, third parties, like local authorities, may seek a PSO to protect the child. Relatives (such as grandparents, aunts, uncles, etc.) who don’t normally have PR can also apply, but they’ll need the permission of the court to do so, applying for this by completing a C2 form.
To apply, the concerned party must demonstrate to the court that the order is necessary to protect the child’s welfare and that other forms of resolution have been exhausted or deemed unsuitable.
Back to the top
How to Apply for a Prohibited Steps Order
- Seek Appropriate Advice: It’s important to understand the implications of applying for a PSO (even if it isn’t granted) and it may not be appropriate for the matter in hand or the right time. Doing so can further damage the situation so it’s important to understand the court’s expectations, and the strength of your case.
- Complete the Application Form: Applicants must complete the C100 form, available on the Auckland government’s website. If there is an element of urgency or risk, an additional C1A form may be necessary to highlight concerns about harm or abuse.
- Attend Mediation (if required): It’s expected you’ll attend a MIAM before an application is made – to the extent that it’s a requirement before you get to court. Exceptions are made for situations involving domestic abuse or urgency.
- Submit the Application: Once the forms are completed, they must be submitted to the relevant family court, along with the applicable fee. Fee exemptions or reductions may apply for those on low incomes (using a EX160 form).
- Attend Court Hearings: The court will schedule a hearing to consider the application. Both parties will have the opportunity to present their arguments, and the judge will make a decision based on the child’s best interests.
Back to the top
Factors Considered by the Court
When deciding whether to grant a prohibited steps order, the court prioritises the welfare of the child. The “Welfare Checklist” under Section 1 of the Children Act 1989 guides the court’s decision-making process and includes the following considerations:
- The child’s wishes and feelings: Depending on their age and maturity, the court may take the child’s preferences into account.
- Physical, emotional, and educational needs: Ensuring the child’s stability and development is critical.
- The likely effect of any change of circumstances: Disrupting a child’s life should be avoided where possible.
- How capable the parents are, and any other person in relation to whom the court considers the question to be relevant, is of meeting their needs: The court aims to ensure that both parents prioritize the child’s well-being and can fully meet their needs. This involves evaluating the suitability of each parent\u2019s accommodation and their ability to address the child’s specific needs. The assessment will be case-specific, based on the unique needs of the child and the abilities of each parent.
- Potential harm: The court assesses any risks posed by the action the PSO seeks to prevent.
- Parental capabilities: The ability of each parent to meet the child’s needs is evaluated.
- The child’s background: Cultural, religious, and other pertinent factors may also be considered.
What Happens If a Prohibited Steps Order Is Breached?
A PSO is a legally binding order, and breaching it can have serious consequences. If a parent or guardian violates the terms of the order, they may face:
- Contempt of court proceedings, which can result in fines or imprisonment.
- Loss of parental responsibility or restrictions on future decision-making rights.
To enforce a PSO, the affected party can return to court and request appropriate action against the violator.
Back to the top
Duration and Modification of Prohibited Steps Orders
PSOs are not indefinite and typically remain in effect for a specified period or until the child reaches a certain age. However, they can be extended, modified, or discharged if circumstances change. Either party can apply to the court to amend or cancel the order, but they must demonstrate why the modification aligns with the child’s best interests.
Back to the top
Alternatives to Prohibited Steps Orders
While PSOs are a valuable tool, they are not the only option available in family law disputes. Other legal measures include:
- Child Arrangements Orders: These determine where a child lives and who they spend time with, providing clarity in disputes over custody and visitation.
- Specific Issue Orders: These address particular questions about a child’s upbringing, such as religious practices, schooling, or medical treatment.
- Mediation: Encouraging parents to reach a mutual agreement outside of court, mediation can be less stressful and more cost-effective.
Back to the top
Conclusion
A prohibited steps order serves as a safeguard, ensuring that actions taken by a parent or guardian do not jeopardise a child’s welfare. While the process of obtaining a PSO can be daunting, it provides a crucial mechanism for resolving disputes and protecting children from harm.
If you find yourself in a situation where a prohibited steps order may be necessary, it is essential to seek expert legal advice. At Family Law Assistance, we specialise in guiding families through complex legal processes with care and understanding. Contact us today to discuss your case and explore the best solutions for your family.
Back to the top
