Can I Stop My Ex from Making Continuous Applications to the Family Court?

Mar 24

If your ex-partner is repeatedly making unwarranted applications to the family court, it can be frustrating, time-consuming, and emotionally draining. Fortunately, legal measures exist to prevent this misuse of the court system. This guide explains your options, including barring orders under Section 91(14) of the Children Act 1989, to help you protect your time and well-being.

Understanding Repeated Family Court Applications

Why Does This Happen?

There are several reasons why an ex-partner may make multiple applications to the family court:

Control and Harassment: Some individuals use the court system as a means of control, particularly in cases of post-separation abuse.
Disputes Over Child Arrangements: Ongoing conflicts over child custody or visitation can result in repeated applications.
Lack of Understanding of the Law: Some applicants may not realise that their claims are unlikely to succeed.
Genuine Concerns: In some cases, repeated applications may be necessary if there are significant changes in circumstances affecting a child’s welfare.

The Impact of Repeated Applications

Unnecessary court applications can:

Create stress and emotional distress for both parties, especially if children are involved.
Disrupt a child’s stability due to constant legal battles.\
Waste court time and resources, delaying urgent cases.
Result in significant legal costs, particularly if you need legal representation each time.

If your ex-partner is filing repeated applications without merit, you can request a barring order to stop them.

What is a Barring Order (Section 91(14) Order)?

A barring order is a legal measure preventing someone from making further court applications without permission from the court. It is issued under Section 91(14) of the Children Act 1989 to stop repeated, baseless claims.

When is a Barring Order Issued?

The court may grant a barring order if:
✅ There have been repeated applications that lack merit or cause unnecessary distress.
✅ Further applications would harm the child’s welfare or cause disruption.
✅ The applicant is using the court system to harass or control the other parent.
✅ Both parties’ conduct during proceedings suggests further applications would not be in the child's best interests.

Legal Protections: The Domestic Abuse Act 2021 & Section 91A

In cases where domestic abuse is a factor, Section 91A of the Children Act 1989 (introduced by the Domestic Abuse Act 2021) strengthens protection by allowing courts to impose barring orders where further applications could cause harm to the child or another person.

This means that if your ex-partner is using court applications as a form of abuse, a barring order may be issued even if they haven’t previously made repeated applications.

How to Apply for a Barring Order

Step 1: Gather Evidence

To strengthen your case, collect evidence such as:
📌 Court records of previous applications.
📌 Correspondence from your ex-partner (e.g., emails, messages) that show harassment.
📌 Statements from professionals (e.g., CAFCASS, social workers) regarding the impact on your child.

Step 2: Seek Legal Advice

A solicitor can assess whether a barring order is appropriate and help you prepare an application. At RJS Family Law, we specialise in family court matters and can guide you through the process.

Step 3: Request the Barring Order in Court

If you're currently involved in court proceedings, you can ask the judge to consider a Section 91(14) order as part of your case. If you are not in court, your solicitor can advise whether an application should be made.

Step 4: Court Decision

The court will assess:
⚖️ The number and nature of past applications.
⚖️ The impact of further applications on the child and other parties.
⚖️ Whether the order is necessary to prevent future harm.

If granted, your ex-partner will be unable to make further applications without first getting court permission.

What If My Ex Still Tries to Apply?

If a barring order is in place and your ex-partner attempts to make a new application:

The court may refuse permission if there are no valid reasons.
If they persist, legal consequences (such as cost penalties) may be imposed.
In extreme cases, breaching court orders could be considered harassment, which has further legal implications.

Common Questions About Stopping Repeated Court Applications

1. Does a barring order apply to all types of family court cases?

No, barring orders typically apply to child arrangement cases (e.g., custody, visitation). They do not automatically prevent applications regarding financial disputes or other family law matters.

2. How long does a barring order last?

The duration varies—some orders last a few years, while others remain in place until the child turns 18. The court decides based on the circumstances.

3. Can a barring order be challenged?

Yes, the person subject to the order can request a review, but they must demonstrate a significant change in circumstances. The court will decide if the order should remain in place.

4. What if my ex is making false allegations to justify their applications?

If false claims are being made, your solicitor can highlight inconsistencies and request a barring order to stop further misuse of the court system.

5. Should I represent myself or get a solicitor?

While it’s possible to apply for a barring order without legal representation, having a family law solicitor greatly increases your chances of success. They can ensure your application is well-prepared and supported by strong evidence.

How RJS Family Law Can Help

At RJS Family Law, we understand how distressing repeated court applications can be. Our expert family law solicitors can:
✔️ Assess your case to determine whether a barring order is suitable.
✔️ Gather strong evidence to support your application.
✔️ Represent you in court and argue for legal protections.
✔️ Advise on further legal steps if your ex-partner continues their behaviour.

If you're facing ongoing legal battles due to unnecessary court applications, we’re here to help.

📞 Contact us today to discuss your options and take steps toward securing peace of mind.

Final Thoughts

Dealing with an ex-partner who misuses the court system can be stressful and emotionally exhausting. Thankfully, legal measures like barring orders under Section 91(14) of the Children Act 1989 can provide protection. If your ex-partner's actions are causing disruption and distress, seeking legal advice is the best way to regain control and protect your well-being.

With the right legal support, you can prevent further unnecessary court applications and focus on what truly matters—your future and your family’s well-being.

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