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91.14barringorder
Family Court Library
| General Disclaimer: Nothing presented constitutes legal advice and the McKenzie Friend UK Network is not a legal entity or in anyway claims to be a 'legal resource'. The resource guide is supported by McKenzie Friends and Litigants in person for Litigants in Person in Family Court. McKenzie Friends provide layperson support as an informed friend under the Family Court Practice Guidance of 2010. All information is published under the spirit of that guidance. For any corrections of the information, please contact the McKenzie Friend UK Network | |
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| A Section 91(14) Order is known as a 'barring order' and relates to Section 91(14) of the Children Act 1989. This type of Order allows the court to prevent individuals, usually parents, from making an application to the court without the court's permission |
| These orders are usually considered to prevent a parent bringing repeated, fruitless or vexatious applications. When awarded the parent cannot make an application before seeking leave of the court. This is often considered to be in the best interests of the child to prevent them from being caught in the middle of harmful litigation. |
| The order can be made against one or both parties. |
| An order cannot be made in relation to a child in care. |
| The following factors should be considered by the court: |
| 1) The welfare of the child is the paramount consideration of the court. |
| 2) It is a draconian order, should be used sparingly and only as a last resort. It is an exceptional order |
| 3) The court to weigh up the interests of the child in being protected against inappropriate applications against the right of access to the courts. |
| 4) An order is appropriate if there has been repeated and unreasonable applications. However an order can be made even if there is no history unreasonable applications, but only if there is evidence that the party will do so. |
| 5) The order is to be limited to only as long as necessary. |
| Resources: |
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| Updated 12/04/24 |
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