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How soon can he take me back to court?

(10 Posts)
Atticmatic Tue 24-Jan-17 13:18:40

I have a Prohibited Steps Order awarded approx 3 years ago that means my ex-h only has indirect access to our children (letters once a month). He applied to get this overturned last year but the Family Court upheld it in December 2016.

He said he's going to take me back to court again. Does anyone know if he can do this straight away or is there some kind of time limit?

Thanks.

MrsBertBibby Tue 24-Jan-17 13:51:35

There isn't really a time limit, but he needs to justify it. What's his reasoning? Or is there none.

If he applies, you can warn him you will seek an order under s91 (14) forbidding him to make further applications without the Court's leave.

Atticmatic Tue 24-Jan-17 14:01:10

There is no reasoning. Carcass' last 2 reports support indirect contact wholeheartedly and said forcing direct contact would be "catastrophic" for the children.

I applied for the s91(14) last time but it wasn't granted as he has only taken me to court twice in 3 years (and cost me £££££'s).

Thanks for replying.

Atticmatic Tue 24-Jan-17 14:01:48

Carcass grin CAFCASS!!!

MrsBertBibby Tue 24-Jan-17 14:23:08

Make the application again, I think this time a judge may be more amenable to stopping him wasting the Court's resources.

Good luck.

MrsBertBibby Tue 24-Jan-17 14:24:42

You should ask for costs too. Bringing proceedings for no good reason may well be enough to get ast the usual no costs order rule

Atticmatic Tue 24-Jan-17 14:34:07

Thanks MrsBert should I make the application now or wait until he applies again (small chance he may be bluffing).

MrsBertBibby Tue 24-Jan-17 14:46:20

Wait until he applies.

Atticmatic Tue 24-Jan-17 14:47:48

Cheers. Feel a bit less fearful now. So sick of it all.

babybarrister Tue 24-Jan-17 16:54:03

agree with MrsBB as usual - wait till he applies and then put in your s91(14) application immediately on receipt - it must be on notice to him and cannot be done last minute at the hearing .....

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