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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1770
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Can you tell me under what grounds a prohibited steps order

Customer Question

Hi can you tell me under what grounds a prohibited steps order can be set aside?
Submitted: 9 months ago.
Category: Law
Customer: replied 9 months ago.
All I have asked for is a forwarding address for my son and a contact order made for future contact, also who will be paying for travel expenses for my son. At the moment we are waiting for a cafcass meeting but my ex is trying to have the pso set aside tomorrow as they are leaving on th 10/3/16
Expert:  Harris replied 9 months ago.
Hi, thank you for your question. The court will consider all the facts of the case and the reasons why they are seeking to set aside the PSO (from what you have said, to travel abroad). The court will need to consider what is in your son's best interests - if it is for him to be allowed to leave the UK, then the PSO will be set aside, however, as leaving the UK will mean that he will no longer be having contact with you, then this may likely not be in his best interests - especially as there is no forwarding address or any way for you to contact him. Unless they can provide such information to you and the court at the hearing, then you should be pushing to refuse the PSO being lifted.For your information, the court will look at the following criteria when deciding whether to make or remove children act orders:The wishes and feelings of the child concernedThe child’s physical, emotional and educational needsThe likely effect on the child if circumstances changed as a result of the courts decisionThe child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decisionAny harm the child has suffered or may be at risk of sufferingCapability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needsThe powers available to the court in the given proceedingsPlease provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
Expert:  Harris replied 9 months ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating. Thank you
Customer: replied 9 months ago.
The PSO today was not set aside, can my ex appeal against this?
Expert:  Harris replied 9 months ago.
Glad to hear it was not discharged. She can only appeal if the decision is wrong or unjust because of a serious procedural or other irregularity. If the judge did not give her permission to appeal she will need to first apply for permission, if that is granted then she can pursue the actual appeal.Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
Expert:  Harris replied 9 months ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.

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