Breaking a Prohibited Steps Order: The Scary Reality of Ignoring the Court
Breaking a Prohibited Steps Order is the legal equivalent of ignoring a “Keep Off the Grass” sign—if the grass was guarded by a High Court Judge and the sign carried the weight of the Children Act 1989. While we all like to think of ourselves as rebels in small ways (like taking an extra “free” sample at the supermarket), the family court has absolutely zero sense of humour when it comes to parents who decide to go “rogue.”
A Prohibited Steps Order (PSO) is a legally binding injunction. It isn’t a friendly request or a “best-case scenario” guideline. It is a mandatory instruction from a Judge that forbids a parent from taking a specific action, such as moving a child’s school or taking them out of the country. If you find yourself in a situation where the other parent is breaking a Prohibited Steps Order, you need to act fast to protect your child’s stability.
At A L Law, we help parents navigate the stressful world of enforcement, ensuring that your parental responsibility is respected and the court’s authority is upheld.
What Counts as Breaking a Prohibited Steps Order?
A breach occurs the moment a parent takes the specific “step” the court forbade. Common examples include:
- Moving the child to a new house or town after the court said “no.”
- Taking the child abroad for a holiday when a PSO explicitly banned international travel.
- Changing a child’s surname at the school office or via Deed Poll in direct defiance of an order.
If the “rogue” parent hasn’t taken the step yet but has made a credible threat to do so, you might not be at the enforcement stage yet, but you may need an Urgent / Ex-Parte Order to tighten the legal net.
The Legal Consequence: Contempt of Court
The most serious reality of breaking a Prohibited Steps Order is that it constitutes Contempt of Court. When a Judge issues an order, they are exercising the authority of the Crown. Ignoring that order is essentially telling the Judge that their authority doesn’t apply to you.
Judges generally don’t take kindly to this. The “Warning Notice” attached to the front of a PSO explicitly states that failure to comply can lead to:
- Fines: Hefty financial penalties that are paid to the court.
- Unpaid Work: The court can order the breaching parent to carry out between 40 and 200 hours of community service.
- Imprisonment: In extreme or repeated cases of breaking a Prohibited Steps Order, a parent can be sent to prison.
Enforcement Orders: The “Checkmate” Move
If you are a victim of a breach, we can help you apply for an Enforcement Order. The court’s primary goal is to get the child back to the status quo.
If a parent has moved the child away in breach of a PSO, the court can issue a “Recovery Order.” This allows the police or the High Court Tipstaff to physically locate and return the child.
Can a Breach Change the “Live With” Arrangement?
Yes. While the court doesn’t like to “punish” parents by taking their children away, a parent who is constantly breaking a Prohibited Steps Order is demonstrating that they cannot support the child’s relationship with the other parent.
If the court decides that one parent’s “rogue” behaviour is causing emotional harm or instability, they may consider a “Transfer of Residence.” This means the child moves to live with the “compliant” parent permanently. This is the ultimate consequence for those who think they can outsmart the family court. You can learn more about how these arrangements are structured in our guide to Child Arrangement Orders.
The Role of CAFCASS and Domestic Abuse
In cases where breaking a Prohibited Steps Order involves domestic abuse, the court takes an even firmer line. If a parent is using a move or a name change as a tool of post-separation control, the court will involve CAFCASS to ensure the child is shielded from further coercion. Safety is the court’s “North Star,” and a parent who breaks a PSO often finds themselves on the wrong side of a very strict safeguarding report.
How A L Law Can Help
At A L Law, we provide the robust, fact-driven representation needed to handle a breach. Whether you need to urgently enforce an order or you have been accused of a breach and need to explain a genuine emergency to the court, we speak plain English and get straight to the point.
Court orders are there for a reason: to keep your children safe. We make sure they stay that way.
Disclaimer: This article provides general information and is not a substitute for legal advice. For tailored support regarding enforcement, please contact A L Law.
