An underused tool in modern ‘lawfare’? Section 91(14) of the Children Act 1989

Chloe Branton, Parklane Plowden

In this article Lucy Sowden and Chloe Branton consider the power of the Court under s 91(14) Children Act 1989 to require a party to obtain leave of the Court before any further applications can be pursued. As part of that analysis, Lucy and Chloe examine the use of s 91(14) in cases of ‘lawfare’ and what may have caused the noted increase in use of s 91(14) Orders, including s 91A and the Domestic Abuse Act 2021. They conclude by reminding practitioners that s 91(14) is a restriction, not a prohibition, on further applications, and consider the guidance from the relevant practice directions and recent case law to remind practitioners of some practical considerations to keep firmly in mind when dealing with children cases.

The full article has published in the February issue of Family Law. 

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