If your ex-partner is repeatedly making unnecessary Children Act applications to the family court, it can be incredibly frustrating. Repeated applications can mean further legal costs, ongoing uncertainty, and it can be emotionally draining revisiting disputes that you thought were once resolved. If you feel that your ex-partner is repeatedly bringing you back to court without good reason, you may be wondering: Can I stop my ex from making repeated court applications?
Fortunately, in England and Wales, legal provisions exist to prevent the misuse of the court system and to bar unwarranted applications. It is important to note, the options available depend on the type of proceedings, the history of the case, and the reasons behind the repeated applications.
What is a repeated or unreasonable court application?
It is important to distinguish between a person legitimately returning to court because circumstances have changed, and a person repeatedly making baseless applications that are disproportionate, unnecessary or potentially abusive.
For instance, an ex-partner may repeatedly apply to change child arrangements despite no meaningful change in circumstances. It is possible they may also be using ongoing proceedings to maintain indirect contact with their former partner through the legal process to prolong conflict and cause them distress.
However, repeated applications do not necessarily mean that someone is misusing the court process. The court can consider the wider pattern of behaviour, if the application is with or without merit, and the impact of further proceedings on the children and parties involved. The court’s paramount concern will be the children’s welfare.
Can the family court prevent my ex-partner from making repeated applications that have no merit?
Under section 91(14) of the Children Act 1989 allows courts to make orders, known as “barring orders” to prevent individuals from making further applications to a court without the court’s permission, for example, to prevent an abusive ex-partner repeatedly taking their former partner to court for no reasonable purpose other than this being used as a form of continuing domestic abuse.
If you consider your ex partner’s applications to be without merit and believe they are to cause distress, it is important to seek legal advice where a legal professional can ascertain the circumstances of the case and can advise you on the best course of action to take.
What does the court consider when deciding whether to make a barring order?
If your ex is making unmeritorious family court applications, by asking the court for a barring order under section 91(14) under the Children Act 1989, the court will consider a range of factors, including: –
- Whether a barring order is necessary and proportionate
- further applications could be a part of a pattern or coercive or controlling behaviour or form part of a wider pattern of domestic abuse toward the victim
- an application would put the child concerned, or another individual, at risk of harm
- a period of respite is needed from ongoing litigation
The court will consider all the circumstances of the case, including the welfare of any child involved.
What if my ex-partner is using court proceedings to continue domestic abuse?
In some cases, legal engagement, in the form of vexatious court applications can be an opportunity to exercise coercive control over a former intimate partner.
Many people experience post-separation abuse during court proceedings, as abusers may use the legal process to continue or extend their coercive and controlling behaviour. Litigation abuse can be difficult to recognise, and can be overlooked, because private law proceedings can in their own right be highly contentious and adversarial.
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