Throwing out court app. Any help?

[Sundaysunshine22]

My ex has put in another family court app for a variation of a CAO. It's his 15th application in 3 years. Judge wants to issue a barring order but I'd like to try get the application dismissed before it gets to final hearing.

Does anyone know how to do this? Is it a C2 application? Can I ask for it to be heard ex-parte? Google is not throwing up much.

You should speak to a solicitor

Yes that would be preferable but I don't have money for legal advice right now

The Judge wants to make an order under s.91(14) of the children act 1989 preventing your ex from making any further application without leave of the court. It would mean that any future application goes to a Judge without you even having to be notified. Only if the Judge considers there’s merit to his new application (eg fundamental change in circs) will he be given permission to make the application. The Judge can make it of his/her own motion, but I would say it’s a safer bet to bung in a C2 application yourself to make sure the court deals with it.

In my experience, they’re unlikely to be made without notice to the respondent, but it’s worth pushing through to get the order, because it will give you an extra hurdle your ex has to jump through before any future court proceedings.

You may want to post this in Legal Matters

Definitely fill in a C2 (you’ll have to pay a fee too) so that the Judge must consider the 91(14) barring order (you never know for sure otherwise that it will be dealt with). Ex parte is risky because Judges don’t like it when people don’t turn up. As for whether the judge can dismiss the application, I’m not sure. Might be worth a go adding this to the c2 alongside the request for a 91(14)

Thanks so much Icepop.

The final hearing is scheduled for April and judge in the FDRH indicated he'll be considering a S91(14) order at the final hearing. But I'd like to try get the whole application dismissed before then if possible. I don't know if this is even legally doable but would you know if it's also a C2?

Apologies, posted this before I'd read other responses