Section 91.14 Orders
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What is a section 91.14 Order?
When might a Court make a Section 91.14 Order?
How long do Section 91.14 Orders last?
Does a Section 91.14 Order prevent further applications to the
court from being made?
Can a Section 91.14 Order be made without notice?
How do I seek permission to make an application after a
Section 91.14 Order has been made?
What is a section 91.14
Order - <Back to Top>
Section 91.14 of the
Children Act 1989 empowers a judge to require that a person named in the order
seeks permission before making any further applications to the family court.
Section 91.14 of the Children Act reads:
(14) On disposing of
any application for an order under this Act, the court may (whether or not it
makes any other order in response to the application) order that no application
for an order under this Act of any specified kind may be made with respect to
the child concerned by any person named in the order without leave of the
court.
When
might the Court make a Section 91.14 Order? - <Back to Top>
Section 91.14 Orders
are made for several reasons:
1. A
judge believes that parties are making applications for vexatious reasons (e.g.
due to hostility);
2. A
judge believes that applications are being made without any merit (the reasons
for the applications are misguided);
3. A
judge reaches the conclusion that the parties need a break from litigation, and
that a period of respite may help the existing arrangements ‘bed in’.
A judge may decide a
Section 91.14 Order is appropriate even when neither party has applied for such
an order to be made. Alternatively, one or both parties may request that the
court grant a Section 91.14 Order and the judge may agree. If a Guardian is
appointed during proceedings to represent the child, or CAFCASS become involved
to report on the family’s circumstances and make recommendations for the court
to consider, they too may recommend the making of a Section 91.14 Order.
How long do Section
91.14 Orders last? - <Back to Top>
A
Section 91.14 Order will normally include a time limit, after which the order
expires. After the order expires, permission to make an application is no longer
required. Only in exceptional circumstances will the order not include a time
limit, although the judge must explain in his judgment given at the time of
making the order, why the order is being made for an indefinite period of time.
If no such explanation is given, or if the reasons are not robust, these may be
grounds for appeal.
Does a Section 91.14
Order prevent further applications to the court from being made? - <Back to Top>
No.
A Section 91.14 Order simply requires that the court must give leave
(permission) before an application can be made. Where an application has merit,
permission to make an application should be granted. It should further be noted
that a Section 91.14 Order may direct that further applications are considered
‘on paper’ before the respondent is notified that an application might be made.
Can a Section 91.14
Order be made without notice? - <Back to Top>
Parties
to proceedings should be given ample notice that a Section 91.14 is being
considered by the court. This is especially important where a party does not
have legal representation (where they are a litigant-in-person). Exceptional
circumstances are required before the court can dispense with notice being given.
It
should be noted that where there is a recommendation for a Section 91.14 Order
within a Guardian’s or Cafcass Officer’s Section 7
(Welfare) Report, and where parties were in receipt of this recommendation in
advance of a hearing, this would likely be considered to be sufficient informal
notice. If there is no such informal or formal notice of a Section 91.14 Order
being made, then the lack of notice may be grounds for appeal.
How
do I seek permission to make an application once a Section 91.14 Order has been
made? - <Back to Top>
You
would complete a C2
Form, and also complete a draft application for the order that you wish to apply
for. Keep a copy for yourself, and provide the court with the original forms,
together with copies for each person named as a respondent by you within the
draft application. You have a right to request an ‘oral hearing’ (speaking to
the judge in person) when applying for permission to make an application,
although the court may grant your permission application ‘on paper’ (e.g. based
upon your arguments written in the C2 Form and draft application).
Support - <Back to Top>
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