Stringer v Stringer [2006] EWCA Civ 1617

Private children: Protective barrier

Melanie Kalina provides a summary of the key aspects of orders prohibiting further applications under the Children Act 1989 without permission ‘The degree of restriction provided for in a section 91(14) order should be proportionate to the harm it is intended to avoid.’ Most practitioners have dealt with private children cases that never seem to …

Continue reading "Private children: Protective barrier"

This post is only available to members.

Private children: Maintaining a balance

Kayleigh Biswas asks whether orders restricting further applications in children proceedings are an underused mechanism, or a heavy-handed approach to conclude litigation ‘A barring order is an intrusion into the right of a party to bring proceedings and to be heard in connection with matters concerning their child.’ In circumstances where there is a history …

Continue reading "Private children: Maintaining a balance"

This post is only available to members.

Section 91(14) Orders: Closing the door

Jennifer Lee sets out the courts’ approach when considering a barring order under s91(14) of the Children Act 1989 ‘In all cases, the primary consideration of the court is the child’s welfare, and a balance needs to be reached between protecting their welfare and the individual’s unrestricted right of access to the court.’ Section 91(14) …

Continue reading "Section 91(14) Orders: Closing the door"

This post is only available to members.