Section 91.14 Orders in the Family Court
When it comes to family court proceedings in England and Wales, parents may find themselves faced with complex legal decisions. One such decision revolves around Section 91.14 orders, a critical aspect of family law that can significantly impact the future relationships and interactions between parents and their children.
At A Father's Friend, we understand the importance of demystifying the family court process, especially when it comes to Section 91.14 orders. In this blog post, we aim to provide parents with valuable insights into the process, risks, and navigation of court proceedings related to these orders.
Understanding Section 91.14 Orders
Section 91.14 orders are a legal mechanism used to regulate future applications for court proceedings concerning children. These orders are put in place by the court to address issues of repeated or vexatious litigation that can have a negative impact on children and their families.
Vexatious litigation in the family court in England and Wales refers to the misuse or abuse of the legal process by an individual, often a parent or guardian, in a manner that is repetitive, frivolous, or without valid grounds. It typically involves the persistent filing of court applications or motions without a legitimate reason, often with the intention of harassing, burdening, or causing undue stress to the other party, commonly their former partner or spouse.
The Process of Applying for a Section 91.14 Order
If you believe that a Section 91.14 order is necessary in your case, it's crucial to understand the process of applying for one. Here are the key steps involved:
Seek Legal Advice: It's essential to consult with an experienced family law professional who can assess your specific situation and advise on the suitability of a Section 91.14 order.
Preparation: Your legal professional will help you gather the necessary evidence to support your case. This may include documentation related to the history of court applications, communication records, and any other relevant information.
Application: Your legal professional will prepare and submit the application for a Section 91.14 application to the court. The application will outline the reasons why you believe the order is necessary for the well-being of your child.
Court Hearing: The court will review your application and schedule a hearing. During the hearing, you and the other party involved will have the opportunity to present your cases and evidence.
Decision: After reviewing all the information presented, the court will determine whether to issue the Section 91.14 order. If approved, this order will outline the restrictions or conditions for future applications, which could be in place for an extended period to prevent reapplication to the family court for multiple years.
The Risks and Considerations
It's essential for parents to understand that Section 91.14 orders are not to be taken lightly. They serve to strike a balance between protecting the rights of individuals to access the family court while safeguarding the best interests of the children. The court will consider:
The potential impact on the child's emotional and psychological well-being.
The history of the case, including any vexatious or repetitive litigation.
The necessity of imposing such an order to maintain a stable and harmonious environment for the child.