Case No. Case-No.-LV21P00249

33.Section 91(14) of the Children Act 1989 provides as follows: “On disclosing of any application for an order under this Act, the Court may, whether or not it makes any other order in response to the application, order that no application for an order under this Act of any specified kind may be made with respect to the child concerned by any person named in the order without leave of the Court”.Section 67 of the Domestic Abuse Act 2021 made further provisions for Section 91(14) Children Act 1989 orders as follows:“(2)The circumstances in which the Court may make a section 91(14) order include, among others, where the Court is satisfied that the making of an application for an order under this Act of a specified kind by any person who is named in the section 91(14) order would put:a)the child concerned, orb)another individual (‘the relevant individual’) at risk of harm(3)In the case of a child or another individual who has reached the age of 18, the reference in subsection (2) to ‘harm’ is to be read as reference to ill-treatment or the impairment of physical or mental health”.34.I have regard to Practice Direction 12J, in particular, paragraph 37A.1:“In every case where a finding or admission of domestic abuse is made or where domestic abuse is otherwise established, the Court should consider whether an order under section 91(14) of the Children Act 1989 would be appropriate even if an application for such an order has not been made. Section 91(14) orders are available to protect a victim of domestic abuse where a further application would constitute or continue domestic abuse. A further application could be part of a pattern of coercive or controlling behaviour or other domestic abuse toward the victim such that a section 91(14) order is merited due to the risk of harm to the child or other individual”.I also note Practice Direction 12Q, in particular paragraph 2.2:“The Court has a discretion to determine the circumstances in which an order would be appropriate. These circumstances may be many and varied. They include circumstances where an application to put the child concerned or another individual at risk of harm (as provided in section 91A), such as psychological or emotional harm. The welfare of the child is paramount”.Paragraph 2.4:“A future application could also be part of a pattern of coercive or controlling behaviour or other domestic abuse towards the victim such that a section 91(14) order is also merited due to the risk of harm to the child or other individual”.Paragraph 2.6:“In proceedings in which domestic abuse is alleged or proven or in which there are allegations or evidence of other harm to a child or other individual, the Court should give early and ongoing consideration to whether it would be appropriate to make a section 91(14) order on disposal of the application, even if an application for such an order has not been made (since the Court may make an order of its own motion; see section 91A(5)”.Paragraph 2.7:“Section 91(14) orders are a protective filter, not a bar on applications, and there is considerable scope for their use in appropriate cases. Proceedings under the 1989 Act should not be used as a means of harassment or coercive control, or further abuse against the victim of domestic abuse or other person, and the Court should therefore give due consideration to whether a future application would have such an impact”.