Urgent Prohibited Steps Order: A Father’s Journey to Safeguard His Child from Unlawful Relocation

By Rakhi Singal

Rakhi Singal is Founder, Director and Head of Family Law at RVS Solicitors. Studying at Bournemouth University and BPP Law School, Rakhi quickly gained a profile in the industry for her work. After creating and successfully managing the Family Law & Civil Litigation department at a leading Legal 500 law firm in London, a role that she was headhunted for, she got the idea to create a law firm in her own image. RVS Solicitors was created and has subsequently helped hundreds to achieve their legal goals, start new futures and obtain justice. A highly regarded family lawyer in the UK, Rakhi gained industry recognition for her relentless attitude, negotiation skills and her ability to always stay calm under pressure and provides a high level of expertise, knowledge and service to our clients every day.

As family law specialists, we understand how distressing it can be when a parent feels their relationship with their child is under threat. This is particularly true when one parent unilaterally takes drastic actions that could disrupt the child’s relationship with the other parent. One such case came to us just before Christmas, a time when most families are looking forward to being together. Instead, our client, the father was confronted with the alarming news that his child’s mother was planning to relocate abroad without his consent.

The Background: Sudden Breakdown in Communication and Contact

Our client,  came to us after a stressful few months. He had left the family home, and the mother of his child had unilaterally suspended all contact between him and their child, who was only one year old at the time. This suspension had lasted for approximately three months by the time he sought our help. Father had previously instructed other solicitors, but unfortunately, no progress had been made in resolving the contact issue.

What pushed the father to seek urgent legal assistance was an email from the mother of his child, which confirmed his worst fears—she was planning to relocate to the country of her origin with their child. Mother’s message strongly suggested that her move was imminent, and naturally, our client was deeply concerned that he might lose any chance of maintaining a meaningful relationship with his son.

The Immediate Response: Applying for a Prohibited Steps Order (PSO)

Given the urgency of the situation, the father instructed us immediately. We knew time was of the essence, and our first step was to make an urgent application to the Central Family Court  for a Prohibited Steps Order (PSO). 

A PSO is a powerful legal tool used to prevent a parent from making certain decisions about their child’s upbringing—particularly decisions that could have long-lasting consequences, like relocating abroad without the other parent’s consent.

We presented evidence to the court showing that M intended to relocate with their child without obtaining father’s consent. This was a critical point because, under UK law, both parents with parental responsibility must agree before a child can be taken out of the country for more than a short holiday. At the hearing, mother denied that she was planning to move imminently, but the evidence we submitted suggested otherwise. The court agreed that the situation was serious enough to grant an urgent PSO.

What is a Prohibited Steps Order (PSO)?

A Prohibited Steps Order (PSO) is a legal tool available under UK family law, designed to prevent a parent from making certain decisions about their child without the court’s or the other parent’s permission. Most commonly, PSOs are used to stop one parent from doing something specific, such as relocating the child to another country, changing schools, or making major decisions regarding medical treatment.

In this case, our client sought a PSO to prevent the mother from taking their child out of the UK without his consent or the consent of the court. Without such an order in place, mother could have relocated abroad with their child, significantly disrupting the child’s relationship with the father and making it difficult for the father to have meaningful contact with his child.

The key feature of a PSO is that it can be tailored to the situation at hand. For example, it can:

• Prevent a child from being removed from the country.
• Stop a child from being relocated to a different city or region within the UK.
• Restrict decisions about a child’s education or medical treatment.

The court will only grant a PSO if it believes it is necessary to protect the child’s welfare. It is a temporary measure, but it can have long-term consequences, ensuring that significant decisions affecting the child cannot be made unilaterally.

The Outcome: Preventing Unlawful Relocation

In our case, the judge issued the Prohibited Steps Order, prohibiting the mother from leaving the UK with the child without either father’s consent or the consent of the court. This was a significant victory for the father, as it meant his child could not be relocated out of the country against his wishes, safeguarding his right to be involved in his son’s life.

Moving Forward: Securing a Child Arrangements Order

Following the successful PSO application, we continued to represent the father in securing a more permanent solution regarding contact with his child. Through careful negotiation and further legal action, we helped the father obtain a Child Arrangements Order. This order allowed our client to spend time with his son on alternate weekends, from Friday to Monday, as well as having midweek contact.

This arrangement provided the father with the opportunity to rebuild his relationship with his son, giving him regular and consistent contact. For a father who had been deprived of seeing his child for months, this was a major relief and a significant step towards re-establishing his role in his child’s life.

Conclusion: The Importance of Acting Quickly in Family Law Matters

This case highlights how crucial it is to act swiftly when there is a risk that one parent might take unilateral action, especially in situations involving potential relocation. Father’s quick decision to seek our assistance before it was too late ensured that he was able to prevent the mother from relocating the child abroad without his consent. Through the use of an urgent Prohibited Steps Order, we were able to protect his parental rights and secure a long-term contact arrangement that allowed the father to continue playing an active role in his son’s life.

If you find yourself in a similar situation, where you fear that your child may be taken abroad or you are facing difficulties maintaining contact, it is essential to seek legal advice as soon as possible. At RVS Solicitors, we are here to help parents navigate these complex and often emotionally charged situations with expert guidance and support.