Section 91.14 Orders in the Family Court

www.afathersfriend.co.uk/help-articles

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:

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

The family court takes a dim view of vexatious litigation and strives to protect the best interests of the children involved and ensure that court proceedings are conducted fairly and efficiently. To address this issue, the court has the authority to issue Section 91(14) orders, which restrict or regulate future applications from a vexatious litigant, aiming to prevent further abuse of the legal system.

In some cases, individuals engaging in vexatious litigation may face legal consequences, such as costs orders or even contempt of court proceedings if their behavior continues despite court orders to cease such actions. The goal is to maintain a fair and just legal process while safeguarding the well-being of all parties involved, particularly the children.

Navigating Section 91.14 Orders with A Father's Friend

At A Father's Friend, we have an extensive portfolio of cases at all levels of the family court system in England and Wales, including those involving Section 91.14 orders. Our experienced legal team is well-equipped to guide you through the process, providing support and expertise to help you navigate the complex world of family court proceedings.

We understand that each family's situation is unique, and we are dedicated to protecting the rights and well-being of parents and their children. Our range of fixed-price services is designed to ensure that you receive the legal representation and support you need during these challenging times.

If you're faced with the prospect of navigating a Section 91.14 order in family court, don't hesitate to get in touch with A Father's Friend.

Visit our website at www.afathersfriend.co.uk to learn more about our services and how we can assist you in protecting your family's best interests during the legal process.

Previous
Previous

Shared Care & Relocation

Next
Next

The Section 47 Reporting Process: A Comprehensive Guide