How Civil Restraint Orders Prevent Court Abuse
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Yael Selig
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Civil Restraint Orders: an important tool to prevent vexatious claims
Civil restraint orders can be imposed on individuals who repeatedly make unmeritorious applications in the family courts. They are relatively draconian but the court won’t hesitate to make the order to protect the other party – and the court itself.
The financial remedies team at Osbornes Law represents clients following relationship breakdowns. We do not hesitate to act robustly when the other party seeks to abuse the litigation process.
We know how stressful it can be when a former spouse continually tries to bring matters before the court, even years after a divorce has concluded. In a recent case, the court would not tolerate a former wife’s continued vexatious claims against her ex-partner.
What’s the background?
The parties in Galbraith-Marten v De Renee [2025] EWFC 96 divorced in 2009 after just 17 months of marriage. Since then, they have been involved – at various times – in financial proceedings in England and Australia (Ms De Renee’s home country). The parties have one child, now aged 15.
A financial agreement was quickly reached and the Australia court approved it in 2009. The parties also entered into various binding agreements the same year following mediation. However, in 2012 Ms De Renee attempted (unsuccessfully) to have those agreements varied and, subsequently, set aside.
From 2015, she began proceedings in the English courts and it’s worth noting that she was apparently unrepresented in the majority of proceedings. Some of her applications failed, but an application for monthly maintenance for the child succeeded and Mr Galbraith-Marten was ordered to pay £1,315 a month (the sum increased in 2024 to £1,960).
Ms De Renee’s subsequent court applications in this country mostly failed and the courts severely criticised her actions. One judge noted that she had spent all of the child’s life “putting her own warped sense of reality before any care or consideration of the child’s best interests”.
She had also come across, during those proceedings, “as nasty, vindictive and self-absorbed”’ and had made repeated claims against her ex of non-disclosure and suppressing his financial situation.
Furthermore, Ms De Renee had also made very serious criminal allegations to the police against Mr Galbraith-Marten, which she repeated in the family proceedings. He denied all the allegations.
The civil restraint order
In October 2019, the English court decided to impose an extended civil restraint order (ECRO) against Ms De Renee. In simple terms, the ECRO prevented her from making any court applications without permission of the judge.
It was extended twice and in 2022, Mostyn J made clear that Mr Galbraith-Marten needed “the maximum protection from prospective unmeritorious claims by Ms De Renée”. The last extended order expired in October 2024.
Mr Galbraith-Marten asked the court to extend the ECRO once again and Mr Justice Cobb agreed this was necessary. He still needed protection from further vexatious proceedings against him given the “appalling” litigation history, the number of failed applications by Ms De Renée over the years, and the “multiple findings of her abuse of the court process”.
It was a pattern of “persistent vexatiousness”, that was continuing. For instance, in March 2025 she attempted to issue a fresh application for financial disclosure against Mr Galbraith-Marten – an issue she has been fixated on for more than 20 years.
Though a draconian order, Cobb J said: “If ever there was a case in which the necessity for such an order was justified, this is it.” It was not only necessary to protect Mr Galbraith-Marten, the court also needed to be protected from abuse of process.
What does this mean?
It’s clear that an extended ECRO can be an appropriate and proportionate tool to protect a party from vexatious proceedings by a former partner.
However, the judge made clear that such an order does not prohibit the individual from access to justice as such; rather, the judge will review any proposed further application and decide whether to give permission for it to be formally made.
How can we help?
At Osbornes Law, we understand the emotional and financial toll that vexatious litigation can take. Our financial remedies team is experienced in identifying patterns of abusive legal behaviour and taking decisive action to protect our clients. Whether through robust advocacy or seeking civil restraint orders where appropriate, we are committed to ensuring that justice is not derailed by persistent, unmeritorious claims.
For expert legal advice on financial proceedings; and if you anticipate potentially vexatious claims against you, contact the leading divorce partner Yael Selig ; or contact us by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
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