Barring Order in the Family Court: What Changed in 2022?
Last updated: 6 November 2026 · Written by the family law paralegal team at Court Help Limited
In short: A barring order in the family court (a section 91(14) order) stops a named person making some new applications about a child without the court's permission. Since 19 May 2022, section 91A of the Children Act 1989 lets the court make one where a new application would put the child or another person at risk of harm, including domestic abuse.
Key facts | Detail |
|---|---|
What changed | The court can make a barring order where a new application would put a child or another person at risk of harm, and the law now says it can do this of its own motion |
In force from | 19 May 2022 |
Where it applies | England and Wales |
The law | Children Act 1989 s91(14) and s91A (added by Domestic Abuse Act 2021 s67, in force by SI 2022/553); Practice Direction 12Q |
Who it affects | Parents and anyone else making, or facing, repeated applications about a child under the Children Act 1989 |
Source checked | legislation.gov.uk, justice.gov.uk and GOV.UK, 6 November 2026 |
What was the law before?
Section 91(14) of the Children Act 1989 has been in force since October 1991. It lets a court, when it finishes dealing with an application, order that a named person can't make a particular kind of application about the child without first getting the court's permission. The law calls that permission leave.
What the Act didn't do, until 2022, was say when the power should be used. There was no practice direction on barring orders either, as Practice Direction 12Q only came in on 19 May 2022. Our main guide to section 91(14) barring orders explains how the basic order works.
What changed, and when?
The Domestic Abuse Act 2021 added a new section 91A to the Children Act 1989. Section 67 of the 2021 Act, which made the change, came into force on 19 May 2022 under the Domestic Abuse Act 2021 (Commencement No. 4) Regulations 2022 (SI 2022/553). On the same day a new Practice Direction 12Q came in, telling family courts how to use these orders.
Here's what section 91A says, in plain terms:
Risk of harm is enough. The court can make a barring order where a new application by the named person would put the child, or another individual, at risk of harm. There doesn't have to be a long history of applications first.
Harm to adults counts. For someone aged 18 or over, harm means ill-treatment or damage to their physical or mental health. So the order can protect a parent, not just the child.
The court can act on its own. A party can ask for the order, so can the child or someone on the child's behalf, or the court can make it of its own motion.
Changes are looked at later. When the named person asks for permission to apply, the court must consider whether there's been a material change of circumstances since the order was made.
Practice Direction 12Q fills in the detail. It calls a section 91(14) order "a protective filter" and says it is "not a bar on applications" (paragraph 2.7), with considerable scope for using it in suitable cases. Where domestic abuse or other harm is alleged or proven, the court should think about a barring order early and keep it in mind throughout the case, even if nobody has asked for one (paragraph 2.6).
PD12Q also recognises that a new application can itself be part of coercive or controlling behaviour or other abuse (paragraph 2.4). It also says court proceedings shouldn't be used to harass someone or keep up coercive control, so the court should think about whether a new application would have that effect (paragraph 2.7). If you're not sure what counts, our guide to the legal definition of domestic abuse sets out the types of behaviour the 2021 Act covers.
Barring orders at a glance | Before 19 May 2022 | Since 19 May 2022 |
|---|---|---|
When can the court make one? | Power in s91(14), with nothing in the Act about when to use it | s91A: where a new application would put the child or another person at risk of harm |
Who is protected? | Not spelled out in the Act | The child and another individual, such as a parent |
Can the court act without being asked? | Not spelled out in the Act | Yes, s91A(5) and PD12Q paragraph 3.1 |
Guidance for judges | No practice direction | Practice Direction 12Q |
What does a barring order in the family court mean for you?
A barring order doesn't stop someone ever going back to court. It means they have to ask permission first, and the court looks at that request before the other parent has to face a full new case. What you do next depends on which side of the order you're on.
If you keep being taken back to court
If you've been through one case after another, or there's been abuse and you're worried a new application is just a way of keeping contact with you, you can ask for a barring order. PD12Q says you can do this in writing on form C2 or by asking at a hearing (paragraph 3.3). The order can only be made when the court is finishing (disposing of) another application (paragraph 3.4), so raise it in the current case, not after it's closed.
Be ready to explain the harm you're worried about. PD12Q gives examples, such as harassment through social media, email or other people, a need for a break from court, and time to put protective steps in place (paragraph 2.3). If the abuse is disputed, the court may need to decide the facts first, sometimes at a fact-finding hearing. Setting out your reasons in a clear position statement helps the judge see the pattern quickly.
If you're giving evidence about abuse, you may also be protected by the 2022 ban on cross-examination in person, so the other parent can't question you directly. GOV.UK says you might be able to get legal aid if you're protecting yourself or a child from abuse.
If a barring order has been made against you
Being named in a barring order can feel like being shut out, but you haven't lost the right to go back to court. You can still apply, you just need the court's leave first. Under PD12Q paragraph 6.2, the leave request goes in on form C100, setting out the application you want to make and your grounds, including any material change since the order. Our guide on how to fill in the C100 form goes through the form section by section. GOV.UK gives the fee as £270 where no other proceedings about the child are already going on, and you may be able to get help with fees if you're on benefits or a low income.
The court may decide your request on paper first (paragraph 6.6). It must think about whether things have materially changed, but PD12Q says a change isn't always needed for permission to be granted (paragraph 6.4). If you're refused on paper, you can ask for an oral hearing within 7 days of being told the decision. If you think the barring order itself was wrong, look into appealing a family court order straight away, because appeals have strict time limits.
What the court decides when it makes the order
When a judge makes a barring order, PD12Q says they should decide how long it lasts, which kinds of application it covers, whether a later leave request can be served on the other parent before the court has had a first look at it, and whether that first look can happen without a hearing (paragraph 3.6). There's no fixed length in the Act. Any time limit should be proportionate to the harm it's meant to prevent, and the judge has to give reasons (paragraph 4.1).
That point about service matters a lot in abuse cases. It means a parent may not even be sent a leave request that the court decides has no merit.
For example, a mother and father separate and there's a child arrangements order in place. Over two years the father makes four applications to change it, each soon after the last, and the mother says some of the messages around them have frightened her. At the final hearing of the latest application, she asks for a barring order. The court finds a risk of harm to her from further applications and makes an order for two years, covering applications about where the child lives and how contact happens. A year later the father's job changes and he wants more time with the child, so he files a C100 asking for leave and explains the change. The judge looks at it on paper before the mother is served and decides whether it should go further.
It works the same way the other way round. A father facing repeated applications from a mother can ask for exactly the same protection.
Who does it affect?
A barring order covers whichever kinds of Children Act 1989 application the court names in it, and the judge should explain why (PD12Q paragraph 5.1). That might include, for example, applications for child arrangements, prohibited steps or specific issue orders. It applies in England and Wales only, as Scotland and Northern Ireland have their own law.
It affects parents on both sides, grandparents and anyone else who makes applications about a child, and the children at the centre of it. PD12Q says the court shouldn't normally order a Cafcass section 7 report at the leave stage (paragraph 6.5). If leave is granted and the new application goes ahead, the court can think about a report then.
A common mistake is thinking a barring order is a punishment. It isn't. It's there to protect the child and the people around them from harm, and the person named in it keeps the right to ask the court for leave.
Frequently asked questions
What is a barring order in the family court?
It's an order under section 91(14) of the Children Act 1989. It stops a named person making certain applications about a child without the court's permission first. Practice Direction 12Q calls it a protective filter, not a bar on applications.
Does there have to be a history of repeated applications?
No. Since 19 May 2022, section 91A lets the court make a barring order where a new application would put the child or another person at risk of harm. Repeated, unreasonable applications are still one reason, but not the only one.
Can the court make a barring order if nobody asks for one?
Yes. Section 91A(5) lets the court make one of its own motion. Where domestic abuse is alleged or proven, PD12Q tells the court to consider it early, even without an application.
How long does a section 91(14) order last?
The Children Act 1989 doesn't set a length. PD12Q says any time limit should be proportionate to the harm the order is meant to prevent, and the judge has to explain the reasons.
How do I ask for permission to apply if I've been barred?
Use form C100 and set out what you want to apply for and why, including any material change of circumstances (PD12Q paragraph 6.2). The court may decide on paper first, and you can ask for an oral hearing within 7 days if you're refused that way.
How much does it cost to ask for a barring order?
If you ask in writing in an existing case on form C2, GOV.UK gives the fee as £195 on notice, or £62 by consent or without notice. You can also ask at a hearing. A C100 application, including one asking for leave, costs £270 where no other proceedings about the child are already going on.
How we can help
Court Help Limited is a family law paralegal firm in England and Wales. We're not solicitors and we don't represent clients in court, but we can help you understand where you stand, prepare your forms and statements, and get ready for each hearing. Email us at help@incourt.co.uk or use the contact form on our website. You can read what other parents have said about us in our Google reviews.
Related guides
Sources
Children Act 1989, section 91A, legislation.gov.uk, checked 6 November 2026
Children Act 1989, section 91, legislation.gov.uk, checked 6 November 2026
The Domestic Abuse Act 2021 (Commencement No. 4) Regulations 2022 (SI 2022/553), legislation.gov.uk, checked 6 November 2026
Practice Direction 12Q: orders under section 91(14) of the Children Act 1989, justice.gov.uk, checked 6 November 2026
Practice Direction Update No. 4 of 2022, justice.gov.uk, checked 6 November 2026
Family court fees (EX50), GOV.UK, checked 6 November 2026
Apply for a court order about child arrangements, GOV.UK, checked 6 November 2026
Legal aid: domestic abuse or violence, GOV.UK, checked 6 November 2026
This article is general information about the law in England and Wales. It is not legal advice and should not be relied on as legal advice. Every case turns on its own facts, and court fees and procedures change, so check GOV.UK for the latest position. Court Help Limited is a family law paralegal firm, not a firm of solicitors, and does not represent clients in court.
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