A and T (Children) (Appeal: Duration of section 91(14) order), Re

A and T (Children) (Appeal: Duration of section 91(14) order), Re

The judge below erred by imposing a blanket three-year restriction on all section 8 applications without explaining or considering proportionality. The restriction was disproportionate given F's conduct and the circumstances; a more tailored approach was required, limiting the 'lives with' order restriction to three years, the 'spend time with' order restriction to 15 months, and discharging other restrictions immediately.

Parties
Appellant: F; Respondent: M
Jurisdiction
England and Wales
Judgment Date
19 November 2025
Procedural Posture
Family Appeal / Judgment on Appeal
Outcome
Appeal allowed in part
Legal Topics
Section 91(14) Order, Children's Welfare, Duration of Barring Orders, Parental Alienation, Domestic Abuse Allegations
Family Law Section 91(14) Order Children's Welfare Duration of Barring Orders Parental Alienation Domestic Abuse Allegations

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Parties

F

Appellant

M

Respondent

Procedural Posture

Family Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the three-year section 91(14) order restricting applications under section 8 of the Children Act 1989 was proportionate
  2. 2 Whether the judge below erred in determining the duration of the order

Ratio Decidendi

The judge below erred by imposing a blanket three-year restriction on all section 8 applications without explaining or considering proportionality. The restriction was disproportionate given F's conduct and the circumstances; a more tailored approach was required, limiting the 'lives with' order restriction to three years, the 'spend time with' order restriction to 15 months, and discharging other restrictions immediately.

Court Disposition

Appeal allowed in part

Orders

  • Section 91(14) restriction on 'lives with' orders upheld for three years
  • Section 91(14) restriction on 'spend time with' orders extended to 30 April 2026 (approximately 15 months)