There have always been cases post-separation when parents cannot agree about what is best for their children and the court has to make the final decision. Those proceedings are always stressful for everyone involved, especially when a parent finds themselves in court for a second or third time. The other parent may continue to ask the court to make further decisions or change decisions it has previously made.
The Children Act 1989 has a provision under Section 91(14) where it can prevent subsequent applications being made. The court could make an order that no further application could be made for a number of years without first obtaining the court’s permission to make the application.
The purpose of this provision was to prevent repeated, unnecessary or disruptive applications. The making of any such order was to be “exceptional” and “used sparingly”.
This has now changed. Section 67 of the Domestic Abuse Act 2021 now allows for future applications to be restricted when the child or the primary carer would be at risk of harm – including psychological harm – if a further application was made.
If you think this may apply to your situation, please get in touch with a member of our Family Law Team by calling 01329 822 333.