Are Barring Orders on the Rise in Family Courts?

Family courts have seen a noticeable increase in the use of barring orders in recent years.

These orders, which restrict or prohibit contact between a parent and child, are often a last resort in complex family disputes.

The rise in barring orders is linked to growing pressures on the court system, including limited resources and judge fatigue caused by unresolved family contact issues.

This article explores the reasons behind this trend, supported by available data and real-world examples.

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What Are Barring Orders in Family Law?

Barring orders are legal decisions made by family courts to prevent one parent from having contact with their child.

They are typically issued when the court believes that contact would harm the child’s welfare or safety.

These orders can be temporary or permanent and are often part of broader child arrangements or protection proceedings.

Barring orders are serious measures.

Courts usually prefer to encourage contact between children and both parents unless there are clear risks involved.

The increase in barring orders suggests that courts are facing more cases where contact disputes remain unresolved, leading to tougher decisions.

The Impact of Resource Shortages on Family Courts

The family court system has been under strain for several years.

Budget cuts, staff shortages, and increased caseloads have stretched resources thin.

According to the Ministry of Justice’s Family Court Statistics Quarterly report from 2023, the number of family court cases increased by 12% compared to five years ago, while the number of judges and court staff has not kept pace.

This imbalance means judges have less time to spend on each case, leading to quicker decisions that may favour barring orders to resolve ongoing disputes.

When cases drag on without resolution, courts may opt for barring orders to protect children and reduce further delays.

Judge Fatigue and Its Role in Decision-Making

Judge fatigue is a growing concern in family courts.

Handling emotionally charged cases involving children and family conflict can be mentally exhausting.

Judges often face repeated hearings for the same unresolved contact issues, which can lead to frustration and pressure to make definitive rulings.

Research published by the Family Justice Council in 2022 highlighted that judges reported feeling overwhelmed by the volume and complexity of cases.

This fatigue can influence decisions, with judges more likely to issue barring orders to bring closure to difficult cases rather than prolonging contact disputes.

Data Supporting the Rise in Barring Orders

While comprehensive national data on barring orders specifically is limited, several indicators point to their increase:

• Family Court Statistics show a rise in child arrangement orders that include restrictions on contact, which often involve barring elements.

  
  

• Legal Aid Reports indicate a 15% increase in applications related to contact disputes where barring orders are sought.

  
  

• Case Studies from family law practitioners reveal more frequent use of barring orders as a tool to manage high-conflict cases.

  
  

For example, a 2023 case review by a London family law firm found that barring orders were used in 30% more cases than in 2018, particularly in situations where one parent repeatedly failed to comply with contact arrangements.

Why Are Contact Disputes So Difficult to Resolve?

Contact disputes often involve deep emotional issues, including allegations of abuse, parental alienation, or conflicting views on the child’s best interests.

These cases require careful assessment and sometimes lengthy investigations.

With limited court time and resources, judges may struggle to fully explore all aspects of a case.

This can lead to decisions that favour barring orders as a way to protect children quickly, even if it means restricting contact more than some parties would prefer.

Examples of Barring Orders in Practice

• Case A: A mother sought a barring order after the father repeatedly breached contact arrangements and showed aggressive behaviour during visits. The court issued a barring order to protect the child’s welfare.

  
  

• Case B: In a high-conflict case involving allegations of parental alienation, the court used a barring order to pause contact while a specialist assessment was carried out.

  
  

• Case C: A barring order was granted temporarily when a parent was found to have substance abuse issues, pending rehabilitation and review.

• Case D: A parent continually broke court orders so the alienated parent kept filing for enforcement, leading a judge to issue a barring order to the alienated parent because the alienating parent claimed to be distressed by the litigation she had caused.

  
  

These examples show how barring orders serve as protective measures but also highlight the complexity and sensitivity involved, especially when they are wrongfully issued.

The Consequences of Increased Barring Orders

While barring orders can protect children, their rise also raises concerns:

• Impact on Parent-Child Relationships: Restricting contact can affect the child’s relationship with the barred parent, sometimes causing long-term emotional effects.

  
  

• Potential for Misuse: In some cases, barring orders may be used strategically in disputes rather than purely for child protection.

  
  

• Pressure on Families: Families may feel further stressed by legal restrictions and ongoing conflict.

  
  

Courts must balance these risks with the need to protect children and manage limited resources.

What Can Be Done to Address These Challenges?

Improving the family court system requires a multi-faceted approach:

• Increase Funding and Staffing: More judges and support staff can reduce caseloads and allow more thorough case management.

  
  

• Use Alternative Dispute Resolution: Mediation and family therapy can help resolve contact disputes outside court.

  
  

• Specialist Training for Judges: Training on managing high-conflict cases and understanding family dynamics can improve decision-making.

  
  

• Support Services for Families: Providing counselling and support can reduce conflict and improve outcomes.

  
  

These steps can help reduce the need for barring orders and improve the experience for families.

Moving Forwards

The rise in barring orders in family courts reflects deeper challenges within the system, including resource shortages and judge fatigue.

While barring orders play a vital role in protecting children, their increasing use signals a need for better support and reform.

Families, legal professionals, and policymakers must work together to create a system that balances child safety with fair and thoughtful decision-making.

If you are involved in a family court case or concerned about contact arrangements, seek advice from qualified legal professionals who understand the complexities involved.

The right support can make a significant difference in navigating these difficult situations.

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