When is a final order final in children matters?

Research published by the Children and Family Court Advisory and Support Service (Cafcass) has shown that 30% of the c40,000 private law application in 2016/2017 had been to court before.  Most of them returned within 2 years and almost 1/3^rd had been to court at least twice before. 

It makes sense that a final order can be varied as clearly the needs and the wishes of children may change as they grow older.  The hope is however that with time their parents will be able to agree changes rather than have recourse to the court. 

While some cases need to return to the court for example if there are serious welfare issues or if the final order is not being complied with there are also cases whereby the parties are embroiled in acrimonious court proceedings for the entire minority of their children and they return to court multiple times. 

With such cases the court has the power to make a barring order restraining further applications without the court’s permission.  This does not prevent an application being made, but acts as a filter restricting the applicant from having an automatic right to apply.  

George Green’s Specialist Family and Divorce Lawyers give advice regularly on children matters.  If you wish to discuss your matter in a free initial telephone consultation call Mark Vandaele on 01902 796930 (mvandaele@georgegreen.co.uk) at our Wolverhampton office or Jane Williams on 01384 340 528 (jwilliams@georgegreen.co.uk at our Cradley Heath office.