Barnsley Metropolitan Borough Council v EM & Ors
[2024] EWHC 657 (Fam)
X & Ors, Re
15 March 2024
[2024] EWFC 62 (B)
Family Court
A dad kept going to court about his kids, even though it was hurting them. The judge said he couldn't go to court again without permission until his kids are grown up, because the court battles were bad for the children's mental health.
Key Facts
- •Father has a history of frequent litigation (10 cases on Bailii).
- •Father made 8 formal applications in current proceedings and sent numerous lengthy emails to the court.
- •Father applied for leave to appeal three case management orders, all dismissed as without merit.
- •Father has an autism diagnosis, impacting case management and hearing procedures.
- •Children (aged 8-10) are highly intelligent, two diagnosed with autism, one awaiting ADHD assessment.
- •Children are significantly affected by the ongoing litigation.
- •Father's litigation conduct is deemed 'lawfare' by the judge.
- •Father's position on shared care is considered unreasonable.
Legal Principles
Section 91(14) orders restrict further applications to court; welfare of the child is paramount.
Children Act 1989, s91(14); Re P (2000); Re A (A CHILD) [2021] EWCA Civ 1749
Guidelines for s91(14) orders consider factors like repeated unreasonable applications, risk of harm to child or other individual, proportionality of restriction, and material change of circumstances.
Re P (2000); Re A (A CHILD) [2021] EWCA Civ 1749
Court can make s91(14) order of its own motion; can consider conduct even without excessive applications; applications for leave should be heard on notice.
Children Act 1989, s91(14), s91A; Re S (CA 1989, s91(14))
In conflict between parent's rights and child's welfare, child's welfare is prioritized.
Articles 6 and 8 ECHR (implied)
Outcomes
S91(14) order made restricting father from making further applications without leave until each child reaches 16.
Father's litigation conduct causes harm to children; order is necessary and proportionate to protect children's welfare.