The Impact of Court Proceedings on Children

In the last few weeks I have concluded a matter involving, somewhat unusually, a section 91 (14) order that has been put in place for a period of 4 years until the child turns 16. After that age, the court will not ordinarily make any orders for a child’s arrangements. The result being that effectively the parties cannot return to court for disputes involving the child unless there is a very good reason.

All of the parties involved in the case agreed to this order being made. They felt it was important for the child to have some years of calm without their parents disputing their arrangements in a court setting.

It piqued my interest as to whether this might be something that becomes more common. Certainly, Judges are being open with the fact that court proceedings are, on the whole, bad for the children. See, for example, the President of the Family Division speaking with the BBC back in July last year.

This is an order made under section 91 (14) of the Children Act 1988.

Section 91 (14) sets out that the court may make an order when disposing of an application (for example, making a final order about child arrangements) also make an order specifying that no further applications may be made with respect to the child concerned without leave of the court.

In plain terms, it adds an additional hurdle for the parents seeking to bring the matter back to court again – they can’t do so without the court’s express permission.

A further subsection with guidance was added to the Children Act by the recent Domestic Abuse Act 2021.

It adds, amongst other guidance, a provision that the court may make a section 91 (14) order where further applications would put the child at a risk of harm.

It also adds that the court may make this order of its own motion i.e. without the need for one or all of the parties asking for it.

Harm is widely defined and can include harm of a psychological or emotional kind. It is commonly seen by those practising children law that, sadly, children do tend, to varying extents, to be caught up in disputes between their parents. Harm, therefore, in this sense may be easily arguable.

The Family Procedure Rules, namely practice direction 12 Q, sets out some further guidance on where a section 91 (14) order may be appropriate and they include: “where one party has made repeated and unreasonable applications; where a period of respite is needed following litigation; where a period of time is needed for certain actions to be taken for the protection of the child or other person; or where a person’s conduct overall is such that an order is merited to protect the welfare of the child directly, or indirectly due to damaging effects on a parent carer.”

The question of whether a court will make a section 91 (14) order is going to come down to the circumstances of the individual case, the parents involved and, most importantly, the child.

For tailored advice regarding the arrangements for children, please contact one of our specialist family lawyers on 01908 262 680 or enquiries@hawkinsfamilylaw.co.uk

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.