A Barring Order is a legal document issued under Section 91(14) of the Children Act 1989 that stops a parent from making further applications to the family court about their children without first getting permission from the court. Barring Orders are commonly used when someone uses the legal process to harass, harm, intimidate, or exert control over their ex-partner and/or children. It is important to note that Barring Orders can only be made at the same time as the court is deciding another child-related matter (e.g. child arrangements). They cannot be applied in isolation. In addition:
- Barring Orders cannot be used to stop existing child-related applications that are already underway, but they can be used to block new future applications made under the Children Act during current proceedings. This includes orders such as Child Arrangements Orders, Specific Issue Orders, and Prohibited Steps Orders.
- Banning Orders do not provide an outright ban; rather, they act as a ‘protective filter’ or ‘gatekeeper’ to catch child court applications, preventing their abusive or repetitive use. This means that your ex-partner can still make a new application under the Children Act, but only if they have permission (leave) from the court before doing so. The court always has the ultimate discretion regarding whether a court order application should be allowed to proceed.
As an alternative, the party making excessive court applications under the Children Act 1989 may promise the judge they will stop doing so (called an ‘undertaking). If this is broken, the judge may consider a fine, imprisonment, or the seizure of assets.
If you are looking to stop ongoing court proceedings, read our article: Can You Stop Family Court Proceedings in the UK or contact our family lawyers to discuss your options by calling us at 02037442797
How to apply for a Barring Order?
The steps involved in applying for a Barring Order are as follows:
Step 1: Inform the court of the need for a Barring Order – how you do this will depend on the type of case. It is recommended to consult a family law solicitor. For example, you may be able to provide directions in Form C100 (for child arrangements) or Form C2 (for other orders within existing proceedings). You may also be able to ask the judge directly to consider a section 91(14) order during a hearing.
Step 2: Provide a supporting statement explaining why the order is necessary to protect the child’s welfare.
Step 3: The other party must be informed of the application.
Step 4: The court will consider the application to determine if a barring order is appropriate, and if so, for how long it should be granted. If the court agrees to issue a Barring Order, it will only do so on the conclusion of existing proceedings.
What evidence do you need to provide for a barring order?
When you apply for a barring order, it is important to provide any evidence that shows that further applications by the other party are likely to cause harm, are repetitive, or are being used to harass, control or intimidate. Evidence may include:
- Any history of previous multiple applications under the Children Act 1989, especially those that were dismissed and caused unnecessary stress, delay, or legal costs. We recommend providing a clear time-ordered list of these applications, including reference number and outcomes.
- Statements or letters by relevant parties (e.g. school teachers, CAFCASS professionals) confirming that previous applications have caused harm, anxiety, or stress to the child.
- Previous court findings of domestic abuse, coercive control, or harassment
- Messages, emails, or other forms of communication showing that the individual is attempting to cause harm by misusing the legal process.
What factors does the court consider to approve a barring order?
When considering whether to approve a Barring Order, the courts will take into account a range of factors, including:
- Whether a Barring Order is necessary and proportionate
- Whether the child or another person is at risk of harm (i.e. ill-treatment or the impairment of physical or mental health) if another application is made
- There is a long history of court proceedings, and a period of ‘breathing space’ is needed for the child or parent
- Multiple applications have been made by the parent under section 91(14), and
- Any evidence provided with the Barring Order request.
Not all Barring Order applications are approved. Ultimately, the courts will try to balance the right of the parent to apply for an order with the potential for harm of doing so.
How long does a barring order last?
Barring Order typically lasts for as long as necessary to protect the child’s welfare. The judge deciding on the Barring Order application will use their discretion to determine when it should expire. They may issue the order for 1 – 2 years, up to the age of 16 or 18.
If no time limit has been added to the order, then it may require further review or last until the child reaches the age of 16.
Does a Barring Order stop a parent from applying for an order relating to their child?
No, if a person named in a Barring Order makes a new application in relation to their child, the court will decide whether to allow it to proceed. The main factor that the court will look at when considering such an application is whether there has been a material change of circumstances since the order was made. It is not enough simply for the application to say “I have changed”; strong evidence of this change must be provided; this may include:
- Evidence of rehabilitation by the applicant parent
- A letter from the other parent confirming they have seen improved co-parenting
- The needs of the child have changed
- Proof that a long period of time has passed without incident, or
- A Consent Order showing that a previous dispute between the parents has been resolved.
