Clause 3

Subsections (2) and (3) apply where an order (called a relevant order) has been made by a Family Justice Court in any relevant proceedings.(2) Where a Family Justice Court is satisfied that the filing of any application (called in this subsection Application X1) by a party to vary, suspend, discharge, rescind, set aside or revoke a relevant order, or any document in support of Application X1 (called in this subsection Document X1), will or is likely to —

be without merit, having regard to the party’s past conduct in the relevant proceedings or any other proceedings before a Family Justice Court involving facts or reliefs that are the same as or similar to those in the relevant proceedings; or

where a child is or was a party to or a subject of the relevant proceedings or the proceedings in Application X1 — have an adverse effect on the welfare of the child,the Court may make all or any of the following orders:

an order prohibiting the party from filing Application X1 or any other application to vary, suspend, discharge, rescind, set aside or revoke the relevant order, without the permission of the Court;

an order prohibiting the party from filing Document X1 or any other document in support of Application X1 or any other application to vary, suspend, discharge, rescind, set aside or revoke the relevant order, without the permission of the Court;

an order prohibiting the party from filing any application to amend, vary or discharge an order mentioned in paragraph (c) or (d) without the permission of the Court.(3) Where a Family Justice Court is satisfied that an application (called in this subsection Application X2) filed by a party on or after the date of commencement of section 3 of the Family Justice Reform Act 2023 to vary, suspend, discharge, rescind, set aside or revoke a relevant order, or any document filed in support of Application X2 (called in this subsection Document X2), will or is likely to be of the nature mentioned in subsection (2)(a) or have the effect mentioned in subsection (2)(b) in relation to a child who is or was a party to or subject of the relevant proceedings or the proceedings in Application X2, the Court may make all or any of the following orders:

an order that Application X2 be treated as dismissed or Document X2 be treated as expunged (as the case may be) on a date specified by the Court, if the party does not comply by that date with one or more conditions imposed by the Court;

an order staying the proceedings in Application X2 until the specified date mentioned in paragraph (a);

an order prohibiting the party from filing any other application to vary, suspend, discharge, rescind, set aside or revoke the relevant order, without the permission of the Court;

an order prohibiting the party from filing any document in support of Application X2 or any other application to vary, suspend, discharge, rescind, set aside or revoke the relevant order, without the permission of the Court;

an order prohibiting the party from filing any application to amend, vary or discharge an order mentioned in paragraph (a), (b), (c) or (d) without the permission of the Court.(4) Subsections (5) and (6) apply where any relevant proceedings (whether commenced before, on or after the date of commencement of section 3 of the Family Justice Reform Act 2023) are pending before a Family Justice Court.(5) Where a Family Justice Court is satisfied that the filing of any application (called in this subsection Application X3) by a party in the relevant proceedings, or any document in support of Application X3 (called in this subsection Document X3), will or is likely to —

impede the just, expeditious or economical resolution or disposal of any matter in the relevant proceedings; or

where a child is a party to or a subject of the relevant proceedings — have an adverse effect on the welfare of the child,the Court may make all or any of the following orders:

an order prohibiting the party from filing Application X3 or any other application in the relevant proceedings, without the permission of the Court;

an order prohibiting the party from filing Document X3 or any other document in support of Application X3 or any other application in the relevant proceedings, without the permission of the Court;

an order prohibiting the party from filing any application to amend, vary or discharge an order mentioned in paragraph (c) or (d) without the permission of the Court.(6) Where a Family Justice Court is satisfied that any application (called in this subsection Application X4) filed by a party on or after the date of commencement of section 3 of the Family Justice Reform Act 2023 in the relevant proceedings, or any document filed in support of Application X4 (called in this subsection Document X4), will or is likely to be of the nature mentioned in subsection (5)(a) or have the effect mentioned in subsection (5)(b) in relation to a child who is a party to or subject of the relevant proceedings, the Court may make all or any of the following orders:

an order that Application X4 be treated as dismissed or Document X4 be treated as expunged (as the case may be) on a date specified by the Court, if the party does not comply by that date with one or more conditions imposed by the Court;

an order staying the proceedings in Application X4 until the specified date mentioned in paragraph (a);

an order prohibiting the party from filing any other application in the relevant proceedings, without the permission of the Court;

an order prohibiting the party from filing any document in support of Application X4 or any other application in the relevant proceedings, without the permission of the Court;

an order prohibiting the party from filing any application to amend, vary or discharge an order mentioned in paragraph (a), (b), (c) or (d) without the permission of the Court.(7) An order prohibiting the filing of any application or document under subsection (2)(c) or (d), (3)(c) or (d), (5)(c) or (d) or (6)(c) or (d) may be of a general nature or a particular nature.(8) Any application filed by a party, or any document filed in support of such an application, contrary to any order under subsection (2)(c), (d) or (e), (3)(c), (d) or (e), (5)(c), (d) or (e) or (6)(c), (d) or (e), is to be treated as dismissed or expunged —

without the Court having to make any further order; and

without the need for any other party to be heard on the merits of that application.(9) To avoid doubt, an order under subsection (2)(c), (d) or (e), (3)(c), (d) or (e), (5)(c), (d) or (e) or (6)(c), (d) or (e) does not prohibit the filing of an application for any permission required by the order.”.