Barring orders under section 91(14) — stopping repeated family court applications

REVIEWED BY: Sean McNamara on 2026-08-30

If you have already been through family court proceedings about your child and the other party keeps starting new applications — over and over, sometimes years apart — the court has a specific power to stop it: an order under section 91(14) of the Children Act 1989, commonly called a barring order. This guide explains what the order does, when courts make it, and how it works in practice. It is information only, not legal advice.

What a section 91(14) order does

A s.91(14) order prevents a named person from making further specified applications under the Children Act 1989 (for example, another child arrangements order application) without first getting the court's permission. It is described in the court's own practice direction as a "protective filter — not a bar on applications": the person can still apply, but they must convince a judge first that a fresh application has substance.

The court's guidance (Practice Direction 12Q) says proceedings under the Children Act should not be used as a means of harassment or coercive control, or further abuse against a victim of domestic abuse — and judges should consider a s.91(14) order with that in mind.

When courts make them

Where there have been multiple, repeated applications that are periodic, perpetual or numerous, and a further application would harm the child's welfare
Where proceedings are being used to continue domestic abuse or coercive control by other means
Often made at the end of proceedings (the court can make the order when disposing of another Children Act application), and can last until the child turns 16 or 18, or for a shorter defined period
The court should give early and ongoing consideration to a s.91(14) order in any case where risk of harm (including domestic abuse) is alleged or proven

Since the Domestic Abuse Act 2021, the court must assume a person has made an application inappropriately in certain circumstances — for example where the person has been convicted of a domestic abuse offence against the other parent, or where a protective order has been made against them — unless the court is satisfied otherwise.

How to ask the court for one

1. Apply on form C79 (within existing proceedings) or raise it at the final hearing — the court can also make the order of its own initiative 2. Set out, in a short statement or position statement, the history of applications, the pattern of re-litigation, and the impact on the child 3. Cite Practice Direction 12Q — it sets out the procedure and what the court must consider 4. Attach evidence of any findings, convictions or injunctions supporting the concern

If you are the person a s.91(14) order is being asked against, you are entitled to be heard — the court must consider your Article 6 and Article 8 rights before making the order, and should normally only make one where it is "necessary" in the child's interests (Re P (2023) provides key guidance: proportionality, and the least restrictive option).

Key cases (plain-English summary)

Re A (2019) — the Court of Appeal held that the test is whether the order is "necessary" to protect the child, and that courts should apply it more robustly where litigation abuse is happening
Re P (2023) — clarified the assumption under the Domestic Abuse Act 2021 that a person with relevant domestic abuse convictions/findings is presumed to be applying inappropriately

If you are subject to a s.91(14) order

You can apply for permission to make a new application — the filter itself is not designed to be impossible to pass, only to be a real hurdle
You will need to show a material change in circumstances or another solid reason why the court should revisit arrangements
Get advice first: an application without permission that is dismissed can lead to costs consequences and make a further order more likely

Official links

YourFamilyCase.co.uk is an independent information directory — we are not affiliated with, endorsed by, or connected to HMCTS, the judiciary, or gov.uk. This page is general information and is not legal advice. Court practice changes; always check the current practice directions and consider getting advice from Support Through Court or a solicitor.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.