A Section 91(14) Order can be made to offer respondents necessary protection to prevent repeated proceedings, particularly after repeated applications previously being made or when the children or parents have been subjects of domestic abuse by the applicant. In some instances, the court have considered the use of multiple applications being made as being a way to further abuse to the client.
The Purpose of this order is to avoid, continuous applications being made, which can often be unnecessary and can be particularly disruptive to the children often being traumatic and particularly stressful.
Children law proceedings can also be traumatic and unnecessary for both the parents and the family, especially when one of the parents do not agree with the court’s decision and brings the matter back to court after a final order has been made.
Proceedings are expensive and it can be particularly hard on a family. Section 91(14) Orders may be appropriate in particular under the following circumstances: –
- The Proceedings keep being brought to court which are unreasonable and unjust.
- Applications under the Children Act could put the child at risk of harm, and action is needed to keep the children safe.
- Where there have been long proceedings and a period of settling time is deemed necessary.
- Where the parties conduct of affecting the child detrimentally due to the effect the proceedings are having on the parent.
- It is in the best interest of the children.
- Where applications are being used as a form of abuse toward the other party or children.
This being said, it is not entirely prohibited for a party to bring an application to the court should an order be made, however the applicant would need to seek the court’s permission to do so, the court would consider the application, only if there are merits for the application and a genuine chance of success.