A Prohibited Steps Order (PSO) is an order granted by the court in
family cases which prevents either parent from carrying out certain events or
making specific trips with their children without the express permission of the
other parent. This is more common in cases where there is suspicion that one
parent may leave the area with their children.
We have all heard the stories of a parent taking their child for the
weekend and not returning them or going abroad with them and it becoming
extremely difficult for the other parent to get their child back. Thankfully,
this is one of the scenarios that a PSO seeks to prevent.
Can I Take My Child on Holiday?
You can only do this if the court
agrees. In order for that to happen, you must appear before a magistrate and
prove that you are not likely to leave the country and not come back. It also
has to be something that your ex-partner agrees to.
Can a Prohibited Steps Order Be Changed?
The answer to this is yes, but only if
all parties are in agreement and can satisfy a magistrate at family court.If
there have been instances in the past where visitation rights have been
exceeded or ignored, the magistrate may feel he or she has no other choice but
to rule against any proposed changes to the order. Also, he or she must take
into account the effects such changes may have on the child (or children).
What Can I Do If The Other Parent Doesn't Come Back?
There is no easy way to deal with this
question – the chances are if they have taken them to a country that has not entered
into an agreement with the UK, it may be hard to have your child returned to
you. At present there are 45 countries that have entered into an agreement with
the UK to help with the recovery of a child in these circumstances.
Does The Prohibited Steps Order Apply Just to Holidays?
No, a PSO also applies to any
jurisdiction within the UK as specified by the court at the time of issue. For
example, if the court finds that there are grounds to suspect the parent in
question may take their child out of the area, then they may specify in the
order that they do not do so. Failure to comply with this order is a criminal
offence (often charged as kidnapping) and could result in a custodial sentence.
Jane
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