Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps his Department is taking to help ensure that repeat litigation is not used maliciously in child arrangement cases.

This Government recognises that repeat applications, or threats of further applications, to the family court can be used maliciously, and as a method of continuing domestic abuse. This is completely unacceptable.

The family court has clear powers under section 91(14) of the Children Act 1989 to prevent an individual from making further applications under the Children Act 1989 without the court’s permission.

Section 91A of the Children Act 1989, that was inserted by section 67(3) of the Domestic Abuse Act 2021, clarifies that the court can make these orders, either on an application or of its own motion. The circumstances in which the court can make a section 91(14) order, among others, include where further applications for an order under the Children Act 1989 would risk causing harm to a child or relevant adult, particularly where repeated applications could amount to a form of continuing domestic abuse. Where a section 91(14) order is in place, the court must consider whether circumstances have materially changed before granting permission for a new application.