Section 91(14) Order in England and Wales: Understanding Its Purpose, Criteria, and Application What is a Section 91(14) Order? In the realm of family law, a Section 91(14) order is a legal measure that restricts a party’s ability to make further applications to the court in relation to a child, except under specific circumstances. This type of order is most commonly used in cases involving child arrangements where one party has made numerous or vexatious applications without reasonable cause. The order is named after Section 91(14) of the Children Act 1989, which grants the court the discretion to impose restrictions on a person’s ability to apply to the court in respect of a child’s welfare. The purpose of this order is to prevent a person from making repeated applications for child-related orders (such as live with or spend time with orders) unless they have a significant and legitimate reason to do so. Purpose of a Section 91(14) Order The primary purpose of a Section 91(14) order is to prevent vexatious litigation or repeated applications to the family court that are seen as either unnecessary or harmful to the child. This may occur in situations where one party repeatedly brings the same or similar issues before the court, often after decisions have already been made, or where the court feels further litigation would be detrimental to the child’s welfare. Why Would Someone Apply for a Section 91(14) Order? A Section 91(14) order can be requested by either party in family law proceedings or by the court itself, usually at the end of a set of proceedings. Such an order can be made in the following scenarios: 1. Vexatious or Repetitive Applications When one party repeatedly makes applications for orders or hearings about child arrangements, particularly after previous decisions have been made. This is often seen where one parent continues to make applications for contact or residence without substantial new evidence or a change in circumstances. 2. Prolonging Litigation in an Unjustifiable Manner If one party has a history of using litigation as a means of prolonging conflict or preventing the other parent from having meaningful contact with the child, the court may impose a Section 91(14) order to limit this behaviour. 3. To Protect the Child’s Welfare If the court determines that further applications would negatively affect the child’s welfare—such as causing emotional harm or putting the child at risk of being embroiled in protracted legal disputes—it may impose a Section 91(14) order to prevent further applications. 4. Preventing Harassment or Emotional Harm A Section 91(14) order may be used to prevent a party from harassing or emotionally harming the child or the other parent through repeated court applications. How and When is a Section 91(14) Order Made? A Section 91(14) order is typically made after a final hearing in family court. It can be applied for by either of the parties involved in the proceedings or the court can impose it on its own initiative if it considers that such an order is in the best interests of the child. It is often made at the conclusion of a case where a parent has repeatedly brought proceedings before the court, and the court feels that the best way to protect the child is to prevent further applications unless there are significant changes. For example, if a parent continually applies to change the child’s living or contact arrangements, after several decisions have been made, the court may decide that no further applications should be allowed without permission. This restriction is intended to prevent unnecessary emotional harm to the child, as well as to minimise the financial and emotional costs of protracted legal battles. What Are the Criteria for a Section 91(14) Order? Section 91(14) orders are not made lightly. The court will only impose such an order if it is satisfied that it is necessary to protect the child’s welfare and interests, and only after considering several factors. The key criteria include: 1. Child’s Best Interests The overriding consideration in family law is always the child’s welfare. If the court believes that further applications would be detrimental to the child or prevent them from achieving stability, it may make a Section 91(14) order. This could occur, for example, if the child has already experienced prolonged litigation, stress, or uncertainty as a result of multiple applications. 2. Pattern of Repeated Applications The court will look at the history of applications made by one or both parties. If there is a pattern of vexatious or unnecessary applications without significant new developments, the court is more likely to impose a Section 91(14) order. This often applies where one party continues to request changes in residence or contact arrangements that have already been resolved, leading to instability for the child. 3. Absence of New or Significant Evidence The court will assess whether the new application is based on substantial new evidence or a material change in circumstances. If the application seems to be an attempt to re-litigate issues that have already been resolved, the court is likely to limit further applications through a Section 91(14) order. 4. The Need to Prevent Harm or Harassment If the court determines that further applications will cause emotional harm to the child or the other party, or will prevent the child from having stability in their arrangements, it may impose a Section 91(14) order to prevent further litigation. This is particularly common in cases involving high conflict between parents. How Often Are Section 91(14) Orders Made? While Section 91(14) orders are an important safeguard in the family court system, they are relatively rare. They are only imposed in cases where the court believes that further applications will significantly harm the child’s welfare, either through prolonged litigation or emotional distress. They are generally considered a last resort when other interventions (such as encouraging mediation or resolving matters outside of court) have not been successful. The frequency with which Section 91(14) orders are made depends on the nature of the cases being heard in the family court system. However, in cases of high conflict or repeated and unnecessary applications, the court may impose this order more often to prevent a cycle of litigation. The Impact of a Section 91(14) Order 1. Restricting Future Applications A Section 91(14) order prevents a party from making further applications without permission from the court. This ensures that only applications with legitimate grounds will be heard, thereby reducing unnecessary legal proceedings and protecting the child from further exposure to conflict. 2. Providing Stability By limiting future applications, a Section 91(14) order can provide a sense of stability and finality in a child’s arrangements. This is particularly important in cases where the child has been exposed to ongoing legal proceedings and may benefit from a period of stability and certainty. 3. Encouraging Settling Disputes Outside Court A Section 91(14) order can encourage the parties involved to seek alternative means of resolving disputes, such as through mediation or other forms of alternative dispute resolution (ADR). It reinforces the principle that litigation should be a last resort. The Role of Section 91(14) Orders in Family Law Section 91(14) orders serve as an essential tool in family law to prevent unnecessary, vexatious, or harmful applications to the court, especially when they threaten the welfare and stability of the child. They act as a safeguard against prolonged conflict and ensure that litigation is only pursued when there is a legitimate reason to do so. While not common, Section 91(14) orders play a critical role in protecting children from the harm caused by repetitive and unnecessary litigation. They uphold the fundamental principle in family law: the best interests of the child. By discouraging further applications that may disrupt a child’s welfare, these orders allow the court to focus on more pressing matters and help families find resolution in a more peaceful and efficient manner. If you require advice and assistance in respect of a family matter, then please do not hesitate to contact the Family Law Team at Browell Smith and Co Solicitors
The No Order Principle: Its Importance and Relevance in Family Law Understanding the No Order Principle In family law, one of the core principles that governs decisions made by courts in England and Wales regarding children is the “no order principle.” This principle is designed to ensure that the court only intervenes in children’s matters when absolutely necessary, thereby avoiding unnecessary disruption to family life. As simple as it may sound, the no order principle plays a crucial role in shaping how judges approach cases involving children, parental responsibility, and other family disputes. In this blog, we’ll explore what the no order principle is, its legal basis, and why it remains an important consideration in family law today. Understanding this principle helps to clarify the balance that the courts strive for in family cases: to intervene when required, but otherwise to respect family autonomy. What is the No Order Principle? The no order principle is enshrined in Section 1(5) of the Children Act 1989, which states: “Where a court is making a decision with respect to a child, it shall not make an order unless it considers that doing so would be better for the child than making no order at all.” This means that, in proceedings regarding children, the court should only make an order (such as a live with order, spend time with order, or specific issue order) if it is necessary to improve the situation for the child. If the situation can be resolved without court intervention, then the court should not make an order. The Importance of the No Order Principle 1. Minimising Court Involvement in Family Life The no order principle prioritises family autonomy, aiming to minimise court interference in the private lives of families. It recognises that, in most situations, families are best placed to make decisions about their lives without the involvement of the state. The principle encourages parents to resolve their issues through alternative methods, such as mediation, instead of resorting immediately to litigation. By encouraging parents and other family members to resolve disputes independently, the no order principle fosters a more cooperative approach to family life, helping to preserve relationships and reduce the adversarial nature of court proceedings. 2. Protecting the Best Interests of the Child The no order principle helps ensure that the court makes decisions with this priority in mind. Courts are encouraged to intervene only when it is necessary to protect the child or when it will improve the child’s welfare in a meaningful way. If a court decides that no order is in the child’s best interests—because, for example, parents have reached a reasonable agreement or the situation does not require judicial intervention—then the court will refrain from making any order. This prevents unnecessary legal battles, which can sometimes exacerbate tension and distress within families. 3. Encouraging Alternative Dispute Resolution The no order principle supports the use of alternative dispute resolution (ADR) methods, such as mediation, arbitration, and collaborative law. ADR allows families to resolve disputes in a less formal, less costly, and often more effective manner than litigation. In fact, the courts strongly encourage families to attempt mediation before resorting to litigation, as seen in the requirement for parents to attend a mediation information and assessment meeting (MIAM) before applying to the court for most types of family orders. By adhering to the no order principle, the court reinforces the value of ADR, helping families avoid lengthy and costly court proceedings, which can sometimes harm relationships, especially when children are involved. No order principle helps to mitigate this risk by limiting judicial interference. The Relevance of the No Order Principle Today While the no order principle has always been a cornerstone of family law in England and Wales, its relevance remains particularly significant in today’s legal landscape, for several reasons: 1. Increased Demand for Family Court Services In recent years, family courts in England and Wales have seen a significant rise in cases, particularly relating to child arrangements and domestic violence. As the court system faces increased pressure and resources become stretched, the no order principle becomes even more important. By encouraging parents to resolve matters themselves or through mediation, the principle helps to reduce the caseload on family courts, ensuring that resources are directed towards the most urgent cases. 2. Focus on Child-Centered Solutions The no order principle places the focus on the child’s welfare rather than the rights of the parents or the formalities of the legal process. This child-centred approach remains particularly relevant in a legal system that strives to ensure children are not harmed by the disputes of their parents. By reducing unnecessary court orders, the principle encourages solutions that are more in line with the child’s best interests and less likely to involve long-term litigation. 3. Court-Backed Encouragement of Mediation Given the growing emphasis on resolving family disputes outside of the courtroom, the no order principle aligns with the UK government’s push towards mediation and alternative dispute resolution (ADR) methods. With the financial and emotional costs of litigation in mind, the courts actively encourage families to attempt mediation before making a formal application for orders. The no order principle underpins this push, making it clear that judicial intervention should be a last resort, not the first option. A Balanced Approach to Family Law The no order principle remains a fundamental aspect of family law in England and Wales, ensuring that family disputes are resolved with minimal court interference. By encouraging families to find their own solutions through ADR and only intervening when necessary, the principle upholds the core tenet of family law: the best interests of the child. In a world where the family court system is under increasing strain, the no order principle helps maintain a balanced approach to justice—one that respects the autonomy of families while ensuring children’s welfare is always the priority. As we move forward, its continued application will be key in promoting a fair, child-focused, and efficient family justice system. If you require advice and assistance in respect of children matters, please do not hesitate to contact the Family Law Team at Browell Smith and Co solicitors.
The Difficulty of Leaving a Domestically Abusive Relationship and the Support Available Leaving an abusive relationship can be one of the hardest things a person will ever do. For many, the process is fraught with emotional, psychological, and practical barriers that make it seem almost impossible. Domestic abuse, whether physical, emotional, psychological, or financial, creates a complex web of fear, manipulation, and isolation. The thought of leaving often feels overwhelming, but it’s crucial to understand that there is help and support available to those facing this difficult situation. Why Is Leaving an Abusive Relationship So Difficult? Leaving an abusive relationship is not as simple as walking away. Many factors make the decision to leave—and the process itself—far more complicated than it might seem from the outside. Some of the key reasons why people stay in abusive relationships or struggle to leave include: 1. Fear of Escalation or Retaliation One of the primary reasons victims stay in an abusive relationship is fear. Abusers often make threats to harm their partner, children, or even pets if they try to leave. These threats can be incredibly real, particularly if the abuser has shown violence in the past. For many, leaving feels like an immediate risk to their safety, and they fear the abuse will only escalate once they attempt to break free. 2. Emotional Manipulation and Gaslighting Abusers are often skilled in emotional manipulation, which can make the victim question their own reality. Gaslighting—a form of psychological abuse where the abuser makes the victim doubt their perceptions and sanity—can make it incredibly difficult to recognise the abuse for what it is. Victims may believe that they are to blame for the abuse or that they cannot survive without the abuser. In some cases, the abuser may manipulate the victim into thinking they are the only person who can provide for them emotionally or financially, making them feel trapped. 3. Financial Dependency Many victims of domestic abuse find themselves financially dependent on their abuser. This is especially common in relationships where one partner controls the finances or prevents the victim from accessing money. Without financial independence, leaving can seem nearly impossible. The fear of not being able to support oneself or one’s children can keep someone in an abusive relationship longer than they would otherwise tolerate. 4. Isolation from Support Networks Abusers often work to isolate their victims from friends, family, and other support systems. This makes it harder for the victim to reach out for help, as they may feel completely alone in their struggle. Without a strong network of people who care about them, victims can feel trapped, believing there is no one to turn to for help or support. 5. Love and Hope for Change Victims of domestic abuse often still love their abuser or hope that the relationship will improve. This emotional attachment can create a strong desire to “fix” things, or to believe that the abuser will change. The cycle of abuse often includes moments of “love bombing,” where the abuser showers the victim with affection, making them believe that the abuse is an aberration. This intermittent reinforcement can lead to confusion, where the victim holds onto hope that things will get better, making it even harder to leave. 6. Concerns about Children When children are involved, the decision to leave can be even more complicated. Victims may fear for their children’s safety, especially if the abuser has threatened harm or has been violent toward them. There may also be concerns about custody arrangements or the impact on the children’s emotional well-being. The idea of being a single parent without the support of the abuser can also seem daunting. Help and Support for Leaving an Abusive Relationship While leaving an abusive relationship is undeniably difficult, it is important to remember that support is available, and you do not have to navigate this on your own. Many organisations, both governmental and charitable, provide crucial resources to those affected by domestic abuse. Some of the support options include: 1. Domestic Abuse Helplines National Domestic Abuse Helpline (England): Operated by Refuge, the helpline is available 24/7 and offers confidential advice and support. They can help with practical advice on how to stay safe, finding a refuge, and the steps to take if you are thinking about leaving. Call: 0808 2000 247 Text: 07860 077333 (for those who cannot speak safely) Men’s Advice Line: This helpline is specifically for male victims of domestic abuse. It provides support, information, and guidance on how to access help. Call: 0808 801 0327 These helplines offer emotional support and practical advice on safety planning, how to access refuges, and legal rights. 2. Shelters and Refuges If you need to leave immediately and have nowhere to go, domestic abuse refuges offer emergency accommodation and a safe place to stay. These refuges are equipped with support services to help you get back on your feet. Many shelters also offer legal advice, counselling, and assistance with securing housing. Refuge: This charity runs one of the largest networks of refuges in the UK and provides vital services for women and children fleeing domestic violence. Women’s Aid: This organisation provides access to safe accommodation, as well as legal and financial advice for those leaving abusive situations. Refuges not only provide a safe space, but also offer services to help individuals navigate legal processes, such as obtaining a non-molestation order or applying for custody of children. 3. Legal Support In many cases, victims of domestic abuse may need to seek legal protection, particularly if they have children. There are several ways the law can assist: Non-Molestation Orders: A court order that protects the victim from further harassment or abuse by their partner or family member. Occupation Orders: If you need to leave the family home but are concerned about the abuser’s access to the property, an occupation order can prevent them from staying in the home. 4. Support Services for Children When children are involved, additional support is available to help them cope with the impact of domestic abuse. Services such as NSPCC offer counselling for children who have experienced or witnessed abuse. Support can include therapy, play sessions, and help with understanding what is happening in the family. 5. Counselling and Mental Health Support Leaving an abusive relationship can take an emotional toll, and it’s crucial to look after your mental health. Many services provide therapy or counselling to help victims process their experiences and begin the healing journey. Victim Support: This charity offers emotional support and advocacy, helping individuals cope with the trauma of domestic abuse. Domestic Violence Services in Local Areas: Many local councils or NHS services offer free psychological support to victims of abuse. 6. Friends and Family Reaching out to friends, family, or trusted confidants is often the first step. While leaving can be emotionally difficult, support from those close to you can make a huge difference. If you feel isolated, remember that there are always people who care and who will want to help. Speak to our trusted Family Law Team today Leaving a domestically abusive relationship is never easy. The emotional, psychological, and practical barriers victims face are immense, and it can often feel like an impossible task. However, it is important to remember that help is available. Helplines, refuges, legal assistance, and support services can all provide the help you need to break free from abuse and begin a new chapter of your life. If you or someone you know is experiencing domestic abuse, take the first step—reach out for help. There is no shame in asking for support, and there is always a way out. The road ahead may be difficult, but with the right help and support, it is possible to rebuild and live a life free from violence and fear. Contact Browell Smith and Co Family Law Team should you wish to discuss your own situation in confidence.