What is a Barring Order and How to Apply?

A Barring Order can restrict applications for:

• Child Arrangements Orders determining where children live or spend time
• Specific Issue Orders resolving disputes about schooling, medical treatment or religion
• Applications covered under Prohibited Steps Orders preventing certain actions
• Variation applications seeking to change existing orders

Section 91(14) of the Children Act 1989 provides the legal basis for Barring Orders. The Domestic Abuse Act 2021 introduced Section 91A, which transformed how courts approach these protective measures by lowering the threshold and clarifying when orders should be made. 

Key provisions under Section 91A include:

• Courts can make Barring Orders of their own initiative without any party applying
• No requirement to demonstrate repeated applications before the court will act
• Recognition that court proceedings can constitute continuing domestic abuse, and the court can intervene where proceedings would risk causing harm or where further proceedings are being used abusively
• Permission to apply after a Section 91(14) order requires evidence of material change in circumstances

Practice Direction 12Q governs how courts handle Section 91(14) order applications. For cases involving domestic abuse allegations, Practice Direction 12J sets out additional protections and procedures the court must follow.

The family court considers the child’s welfare as the paramount consideration when deciding whether to grant a Barring Order. Judges must balance access to justice against the need for further protection for the child and carer.

Circumstances that warrant a Section 91(14) order include:

• Repeated and unreasonable applications in private law children cases, where the court may act to prevent instances of misuse causing distress to children
• Court proceedings being used as coercive control or continuing domestic abuse
• Evidence that further applications may be barred where they risk causing them harm and the child concerned psychological or emotional harm
• A period of respite needed following prolonged and damaging litigation
• Harassment via social media, email or third parties alongside court applications

The Court of Appeal in Re A (A Child) [2021] recognised that modern technology enables one parent to bombard the other with disputes, and the court can act where applications repeatedly bring victims back to court and amount to continuing abuse. The court confirmed that Barring Orders should protect children from the corrosive effects of endless litigation, even where no physical abuse has occurred.

One reported example is a case where a mother successfully appealed an order stopping all direct contact after years of repeated applications and restrictions, leading the High Court to reconsider how Section 91(14) was being used; we discuss this in detail in our case study on a mother’s successful appeal for direct contact.

A Barring Order can only be made when the court disposes of another application under the Children Act 1989, and this is different from applying separately for a protection order or safety order in domestic violence proceedings. You cannot apply for a Section 91(14) order in isolation. During existing proceedings, you can request the order using Form C2 or ask the judge directly during a hearing.

The application process involves:

1. Notify the court – Indicate the need for a Barring Order in your existing application or raise it at a hearing
2. Prepare supporting evidence – Document the history of applications, their impact on your child, and any abusive behaviour
3. Serve notice – The other party must receive notification that a Section 91(14) order is being sought
4. Court hearing – At the court hearing, the judge decides whether a Barring Order is appropriate and proportionate

CAFCASS may recommend a Barring Order in their welfare report. Understanding the role of CAFCASS helps you prepare effectively for their assessment.

In cases where allegations of coercive control or abuse are disputed, the court may list a fact‑finding hearing or address the issue at your first family court hearing.

A Barring Order lasts for as long as necessary to protect the child’s welfare. The judge uses discretion to determine the appropriate duration based on the specific circumstances. Orders typically range from two to three years, with duration extending through to the child reaching 16 or even 18 usually reserved for exceptional circumstances.

Practice Direction 12Q requires any time limit to be proportionate to the harm the order seeks to avoid. The court must explain its reasoning for the duration selected. Orders without specified end dates usually remain in force until the child turns 16, though such open-ended orders should be exceptional.

A Barring Order does not permanently prevent court access. The named person can still apply by seeking permission first, and the court will consider whether the proposed application serves a reasonable purpose. The court assesses whether circumstances have materially changed since the order was made and whether the proposed application has genuine merit. Permission will not usually be granted unless circumstances have changed such that permission is justified.

To seek permission, complete Form C100 setting out the grounds for your application and evidence of changed circumstances. The court may determine this on paper without a hearing. Importantly, you cannot circumvent a Barring Order by having someone else make applications on your behalf.

The strengthened Barring Order provisions specifically recognise litigation as a form of domestic abuse, consistent with how the criminal justice system now approaches domestic abuse cases, including coercive control and controlling behaviour, through the work of the Crown Prosecution Service. Court proceedings then become the only remaining tool for maintaining power over the victim, and can be used to perpetrate further violence or coercive control even after separation.

Family Court Statistics for July to September 2025 show domestic violence applications increased by 11% compared to the previous year. The courts made 9,756 domestic violence orders during this period, demonstrating increased willingness to use protective measures.

A Barring Order often works alongside other protective orders, especially where abusive ex partners continue using the court process to harass after separation. You may also need a non-molestation order to prevent harassment, or an occupation order to protect your home. Our family lawyers assess your full circumstances to recommend the most effective combination of protections. Where abuse allegations affect contact, our guide on domestic abuse and child contact explains how the family court now approaches these cases.  If you are currently experiencing abuse, you can also find confidential support and safety information in the government’s guide on domestic abuse.

What is a Barring Order in UK family law?

A Barring Order is a Section 91(14) Order under the Children Act 1989 that prevents a named individual from making court applications about children without first obtaining permission. The order acts as a protective filter against repeated, vexatious or abusive litigation.

Can I apply for a Section 91(14) restriction without other proceedings?

No. A Barring Order can only be made when the family court disposes of another Children Act application. You must request it during existing proceedings or the court can impose one of its own initiative.

How does a Section 91(14) order protect against domestic abuse?

The Domestic Abuse Act 2021 recognises that repeatedly bringing someone to court constitutes a form of abuse and coercive control. A Barring Order stops this pattern by requiring permission before any further applications that would risk causing further harm, providing victims with essential breathing space.

What evidence supports a Barring Order application?

Provide a statement detailing the history of applications, evidence of harm to your child’s welfare, any findings of domestic abuse, and documentation showing patterns of vexatious or unreasonable behaviour. Your child lawyers will help compile and present this effectively.

Does a Section 91(14) order stop contact between parent and child?

No. A Section 91(14) order only restricts court applications. It does not affect existing contact arrangements or other orders already in place. The named person simply needs permission before making new applications to vary arrangements.

How long does a Barring Order typically last?

Duration varies based on circumstances. Orders may last from two years to the child reaching 16 or 18. The judge determines what period is proportionate to the harm being prevented and must explain their reasoning.

Can a Barring Order be varied or discharged?

Yes. The person subject to a Barring Order can apply for permission to vary or discharge it by demonstrating a material change in circumstances, and the court will consider whether there has been a material change in circumstances before making any further order affecting the restriction. The court considers whether conditions have genuinely changed. Continuing such an order depends on whether it remains necessary for the child’s welfare.

What happens if someone tries to bypass a Barring Order?

A Barring Order cannot be circumvented by instructing third parties to make applications on your behalf. The court will refuse permission for applications that appear designed to bypass restrictions and may impose costs penalties.

Will CAFCASS recommend a Barring Order?

CAFCASS Family Court Advisers can recommend Section 91(14) restriction in their welfare reports when they believe proceedings are being used to further abuse. Their updated Domestic Abuse Practice Policy specifically requires consideration of Section 91(14) protection in appropriate cases.

What is the difference between a Section 91(14) restriction and Non-Molestation Order?

A Barring Order restricts Children Act applications and requires permission to apply. A court order such as a Non-Molestation Order prohibits harassment, threats or violence. Both protect victims but serve different purposes and may be used together in domestic abuse cases.

Can grandparents be subject to a Barring Order?

Yes. Anyone making applications under the Children Act 1989 can be subject to a Barring Order if their applications meet the criteria. This includes grandparents, other relatives or anyone involved in children proceedings whose applications cause harm.

Navigating the family court system while dealing with an ex-partner who uses litigation as a weapon requires specialist expertise. At Kabir Family Law, our family lawyers provide national expertise in protecting parents, grandparents and carers from harmful court proceedings.

Our child lawyers understand the emotional and practical challenges families face when dealing with repeated applications. We work strategically to present your case effectively while keeping your child’s welfare at the centre of everything we do. Our team has extensive experience with cases involving domestic abuse, coercive control and applications for protective measures under the Children Act 1989.