Family court extends civil restraint order against father

6 Feb 2025Court Report

The Family Court extended a civil restraint order against a father, citing persistent meritless litigation attempts

Family Court Extends Civil Restraint Order Against Father

The Family Court has ruled to extend an Extended Civil Restraint Order (ECRO) against Mr M, a father who represented himself in court, citing his persistent attempts to relitigate matters previously settled in family proceedings. The decision was handed down by Williams J on 10th December 2024.

The original ECRO was imposed by MacDonald J on 20th October 2022, following a series of meritless applications filed by Mr M. These applications included actions in defamation, non-molestation orders, and civil actions for fraud and deception, all of which were related to the outcome of family proceedings under the Children Act 1989.

Mr M's litigation history was characterised by numerous applications deemed totally without merit. These included attempts to appeal previous court orders and applications for non-molestation orders. His actions were seen as attempts to re-litigate issues already decided by the court, prompting the initial ECRO.

During the hearing, Mr M argued that the original decision by DJ Carr represented a miscarriage of justice. He claimed procedural irregularities, such as the alleged conflict of interest of an expert witness and missing transcripts, undermined the legitimacy of the orders against him. However, these arguments had been previously considered and dismissed by various judges, including DCJ Jordan and Moylan LJ.

Williams J noted that Mr M's submissions were largely a reiteration of points already addressed in prior judgments. The court found no grounds to set aside the ECRO, concluding that Mr M's persistent litigation behaviour warranted the extension of the order.

The extension of the ECRO was deemed appropriate to prevent further meritless applications and to protect those targeted by Mr M's litigation. The court emphasised the need to minimise the waste of judicial resources and the harassment of individuals involved in the original proceedings.

The judgment highlighted the importance of finality in legal proceedings and the court's role in preventing abuse of the judicial process. Williams J expressed hope that Mr M might eventually accept the court's decisions and focus on rebuilding his relationship with his son, rather than continuing his litigation campaign.

The ECRO was extended for the maximum period allowed under the Family Procedure Rules, set to expire on 20th December 2026. The court's decision serves as a reminder of the judiciary's commitment to upholding the integrity of legal proceedings and safeguarding individuals from vexatious litigation.