Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Latest articles
Hundreds of thousands of companies worldwide fall victims to hackers every year. Is your firm one of them?
SPONSORED CONTENT Image source: Information is beautifulYou and other lawyers and legal assistants in your firm likely have accounts on the hacked websites listed in the image above. If a hacker...
New complaints handling guide offers advice to local authorities
The Local Government and Social Care Ombudsman is today issuing new guidance on effective complaint handling for local authorities.Based on previous documents, the new guide offers practical,...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Family Law Awards winners announced in virtual awards ceremony
The winners of the Family Law Awards 2020 were announced at 4pm during a much-anticipated virtual awards ceremony. Over the past ten years, the Family Law Awards has recognised the leading players in...
Behaviour-based divorces still merit close consideration
Some recent cases illustrate the evidential and procedural issues involved in dealing with proofs on the merits of divorce, which are worth considering even though most cases may conclude on a...
View all articles

FAMILY PROCEEDINGS: Re N (Section 91(14)) [2009] EWHC 3055 (Fam)

Sep 29, 2018, 17:11 PM
Slug : re-n-section-91-14-2009-ewhc-3055-fam
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Dec 4, 2009, 04:30 AM
Article ID : 87227

(Family Division; Munby LJ (sitting as a judge of the Family Division); 25 November 2009)

The private law proceedings, involving an application under Children Act 1989, Schedule 1 by the mother, and residence and contact proceedings by the father, had been ongoing for over 5 years, and were acrimonious, confrontational and emotionally fraught. The guardian considered that the parents, by their behaviour towards each other and by their conduct of the litigation, had caused the child, who was now 8-years old, emotional harm. The mother and guardian had both applied for s 91(14) orders to be made. By the hearing the father and guardian were both proposing a term of 4 years for these orders; the mother was proposing either 8 years or, as a default proposal, 4 1/2 years, which would be after the child's Bar Mitzvah.

A s 91(14) order was made against both parents for 4 years. While the father had been responsible for litigation misconduct, the mother's conduct had not been blameless. The child needed the litigation to end. The judge had been very close to making the order for a longer period, but had ultimately accepted the guardian's reasoning. However, expiry of the order would not mean that further litigation would be acceptable; a material change of circumstance would be needed. The court would have the power, after expiry of the s 91(14) order, to summarily dismiss an application either without merit, or whose pursuit was not in the child's best interests. Both parties should bear in mind their potential exposure to adverse costs orders in the event of future unsuccessful applications. They should also bear in mind the limited ability of the court to resolve parental disputes as to the arrangements for a Bar Mitzvah, and the likely impact on the child if it became apparent to him that his parents were unable to agree even on that.

Categories :
  • Archive
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from