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Can he take me back to court so soon?

9 replies

champtastic · 21/09/2014 09:34

Hi

I got a Residency Order with respect to my children and a Prohibited Steps Order against my ex husband in April this year. Long drawn out case. Cafcass recommended the children have no direct contact with their father. He

There is no end date on the order but my ex has now started harrassing me and threatening to take me back to court to get the order over-turned.

Can he do this so soon? And if he does, will I have to go through the whole Cafcass thing again? The children are happy and settled with no wish to see their dad.

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ColdCottage · 21/09/2014 09:41

No idea but may law firms offer a free half hour consultation so perhaps go and speak to one that specialise in family law.

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sanfairyanne · 21/09/2014 09:51

have you logged harassment with police? maybe go down that route

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FlossyMoo · 21/09/2014 09:53

Yes I would also log the harassment with the police. I would also keep any messages/e-mails and phone records (how many times he has rang you).

Not sure about the time scales sorry.

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champtastic · 21/09/2014 10:31

Harrassment has been done third party til now (he was taken to court and fined/restraining order against my sister). He has also threatened all members of my family over the past year. All logged with police.

He has started on me as nothing else has worked. I rang 999 as I am so scared of him. He left. Not enough for harrassment yet but logging it as it happens. He doesn't have any phone numbers or email for me. I changed everything when contact with the children stopped.

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Sleepysheepsleeping · 21/09/2014 10:37

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champtastic · 21/09/2014 11:37

No I wasn't. I will ask my solicitor about that. Thanks.

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lostdad · 22/09/2014 12:36

There are no rules about when he can make another application.

However it would be extremely unwise to make another application soon after an order has been made unless he can convince a court he has good grounds to do so - such as abuse (in which case he would be better off calling Social Services or the police).

The courts take a very dim view of people trying to use applications as a weapon and if he made another application he faces the prospect of being called vexatious and a a s91(14) made against him - as has been said above if one of these orders has been made he would have to apply to the court for permission to make an application for an order, etc.

These are often time-limited - i.e. for a year or two (although I have seen one for 4 years being made).

Finally...it's worth remembering that if he really wants to take you back to court he's going to organise mediation first or his C100 will be sent back to him!

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babybarrister · 22/09/2014 14:43

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champtastic · 23/09/2014 20:58

Thanks everyone.

lostdad he has already reported me to Social Services about 8 weeks ago but it was treated as malicious and not persued as I am heavily involved with SS and council services for disabled children as 2 are disabled. They all know the children are happy and cared for.

I would not want to agree to any mediation as we have already been through a form of that and the farce of supervised contact where he couldn't be bothered to turn up sometimes. I can't reason with someone who stalked my sister and damaged her property either.

Hopefully it was an empty threat as I also believe he didn't pay his solicitor so surely another would be reluctant to take on the case?

Sigh. Just thinking out loud.

Thanks again for the replies.