Barring Order & Enforcement

[FedUpOfThisNonsense]

If a court has imposed a barring order and a child arrangements order is breached, do you need to apply for permission to apply for enforcement?

If you lose an enforcement hearing, do you have to pay the other parties costs?

Anyone?

You need to expand on what the issue is.

By barring order do you mean a prohibited steps order? What were they prevented from doing?

Is there a power of arrest attached?

The barring order is a 91.14 order.

Does it specify what sorts of order can't be applied for?

No, it doesn't. I thought I'd read somewhere that enforcement applications don't fall under the rule that permission is needed to apply but I can't find it now so wanted to check.

(14)On disposing 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.

I think it would be highly unlikely that any court would intentionally prevent an enforcement application, but if the order isn't clear, just ask for leave to be on the safe side.

Thank you.

Helpful summary of what you need to show to get leave

*"If a party wishes to apply for leave while a section 91(14) order is in place, the relevant test per Re A (Application for Leave) [1998] is whether there is an 'arguable case', a serious issue to be tried, and a real prospect of success. One way of proving an arguable case, is to show that there is a renewed case for judicial investigation which should be sufficient for leave to be granted. The applicant also has to demonstrate that their substantive application is not hopeless (per Re S (children)).

In deciding whether to grant leave, the court will consider:

the history of the case;
any risk of potential harm to the child; and
whether a changes of circumstances has occurred since the last hearing that would warrant the grant of permission.
Generally, permission should not be granted lightly and the application for permission should be made on notice. To grant permission is not to pre-judge the eventual outcome of the case, the substantive application will still need to be considered in accordance with the welfare of the child.

In certain circumstances, the court can direct that an application for leave need not be served on the resident parent in the first instance (Re S (children)). This would be particularly helpful in cases where the application for permission is without merit and service would be particularly unsettling for the resident parent and children."*

Thank you. Is Re S Children publicly available?

One party is preventing the child having any contact with their other parent so I'm not sure what else can be done other than an application.
Proof of the breach is being obtained from the school (she was taken out of school early), but the party preventing contact has confirmed the breach anyway.

www.familylawweek.co.uk/site.aspx?i=ed530

www.4pb.com/case-detail/re-s-children-re-e-a-child-2006-2/

Thank you.