Applying for leave to apply for a variation to contact order

[Dixie20]

Hi, I have an ongoing family contact case with my ex. I am the resident parent, there have been a number of applications to the courts within this past 5 years. There currently is an order attached to the court order preventing any more applications until 2020.
Ex is very unreasonable and there are a number of issues with the order, specifically no holiday allocation for me, Christmas holidays have been split 25/75 in his favour. The barrister never mentioned adding periods of suspended contact to the order to allow for my holidays. He has now issued contempt of court for the Christmas holidays I took which were less days than he had.
Has anyone experience of getting leave from the court to submit an application to vary the order with exceptional circumstances? What circumstances are classed as exceptional?
I have totally exhausted my finances over the past year with court fees so I can't afford representation.

If there is an order barring you from making any further applications, you will need to show that there is an arguable case and a real prospect of success. Being unhappy with the existing order won't be remotely enough.

Thank you for your response. Hoping I have enough reasons to get it changed. I don't even have the kids on mother's day they are spending it with their father.

If there is 91(14) barring order in place, I doubt on the information you have put here that you will be given leave to apply. The court will be looking at whether the concerns relate to safeguarding issues in respect of the children (which I can’t see that they do) vs the impact on the children of yet more litigation. These orders are serious and are not made lightly and unless something has changed since the order was made then it is unlikely to be changed, you disagreeing with the order is unlikely to sufficent as you have already had your opportunity to challenge this.

I would strongly advise against talking about percentages of time division should you wish to go ahead with your application - the court, rightly, is becoming increasingly critical of parents who speak about the time they spend with their children in this way.

Hoping I have enough reasons to get it changed

Unless there is a lot more than you have posted here, I don't think you do. As both I and Marthymoomar have said, disagreeing with the existing order is not enough. You have not indicated that there have been any major changes nor have you raised any safeguarding issues. You just don't like the current order. If that is all, I would expect your application to be rejected.

I agree with the PPs.

This is either an order that was (a) agreed to by you or (b) imposed by the judge.

If it was (a) then the chances of you applying to vary when there's a s91(14) in place are virtually nil.

If it's (b) then your remedy was to appeal the order - if there were grounds of appeal.

If there weren't, then you're stuck with the order and applying to vary because you're not happy with it is very unlikely to succeed and it is possible the other side may make an application for costs.

Please take some good legal advice before issuing your application.