Parents barred from making further children applications following ‘relentless’ litigation

It is obviously the basic right of every citizen to have access to a court of law.

And that applies to family court proceedings between parents concerning arrangements for their children, just as it does any other kind of court proceedings.

But sometimes the right can be abused, with a parent making many meritless applications, which can obviously be detrimental to the welfare of the children concerned.

In such circumstances the family court can take the draconian step of barring a parent from making any further applications, without first obtaining the permission of the court.

And in a recent case the court decided to bar both parents from making any further applications.

The case concerned a couple and their two children, who were aged 8 and 4 at the date of the hearing.

The couple had separated in about May 2022, when the mother left the family home, taking the children with her.

Since then, the parents have been embroiled in almost continuous court proceedings concerning arrangements for the children.

The court initially made an order that the parents share the care of the children, but the mother appealed against that order, and in September 2023 her appeal was allowed.

Then in October 2023 the court made an order providing for the father to have 2 hours contact with the children each fortnight, at a contact centre (he had hardly seen them since the separation).

In February 2024 the court ordered that the father’s contact with the children be gradually increased.

In April 2024 there was a 3-day fact-finding hearing, concerning cross-allegations by both parties against the other, including by the mother that the father’s behaviour towards her had been coercive and controlling, and by the father that the mother had sought to alienate the children from the father. The mother’s allegation was found proved.

Thereafter, the proceedings continued, until the final hearing in June this year. At that hearing the judge ordered that the father have supervised contact with the children for up to 5 hours each fortnight.

The judge also made an order barring either parent from making any further application in relation to the children, without first obtaining the permission of the court to make the application. The order is to last until 31 December 2026. The judge explained his reasons for making the order as follows:

“This litigation has been ongoing now for approaching three years and at times it has been relentless. Both parties need a break from court proceedings and, most importantly, the children need a break. [The father] needs time to reflect and engage in therapeutic intervention. In my view there needs to be a [barring] order to provide some respite.”

You can read the full judgment here.

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