N (A Child), Re

N (A Child), Re

Given the history of relentless and harmful litigation, a section 91(14) order is absolutely essential to protect N's welfare, and must apply to both parents for a period of four years, subject to an exception for financial matters.

Parties
Applicant: A; First Respondent: G; Second Respondent: N (by his guardian, CP)
Jurisdiction
England and Wales
Judgment Date
25 November 2009
Procedural Posture
Family / Post Final Judgment; Determination of Section 91(14) Application
Outcome
Section 91(14) order granted against both parents for four years.
Legal Topics
Section 91(14) Children Act 1989, Restriction on Applications, Child Welfare, Parental Responsibility, Litigation Misconduct
Family Law Section 91(14) Children Act 1989 Restriction on Applications Child Welfare Parental Responsibility Litigation Misconduct

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Parties

A

Applicant

G

First Respondent

N (by his guardian, CP)

Second Respondent

Procedural Posture

Family / Post Final Judgment; Determination of Section 91(14) Application

Legal Issues

  1. 1 Whether a section 91(14) order restricting further applications should be made against both parents
  2. 2 Appropriate duration and scope of the section 91(14) order
  3. 3 Impact of litigation on the welfare of the child

Ratio Decidendi

Given the history of relentless and harmful litigation, a section 91(14) order is absolutely essential to protect N's welfare, and must apply to both parents for a period of four years, subject to an exception for financial matters.

Court Disposition

Section 91(14) order granted against both parents for four years.

Orders

  • No application for an order under the Children Act 1989 regarding N may be made by either parent without leave of a judge of the Family Division until after 25 November 2013, except for financial matters referred to in the order of 6 January 2009.
  • N ceases to be a party; guardian's appointment lapses.