Family Court Again

[SiempreDot]

My son's father is taking me to court again, the fourth time in two years. This time it's because the school applications I posted to him apparently weren't received. Rather than tell me he hadn't received them, he applied for a enforcement order. Receiving the court papers was the first time I knew he hadn't got the documents. I know lots of people who have had problems with Royal Mail over lockdown so I can't help but think this is just totally malicious and overkill.

I have now sent them recorded delivery so I know they have arrived. I have asked him to withdraw his application but he is refusing and is seeking costs against me. I am utterly exhausted and traumatised by repeated court applications. Is there any way of asking the court to throw this application out given that he has the information now and it wont do any good to anyone to pursue this? Does anyone know how I'd go about trying to do this and what the prospects are? Thanks

My solicitor applied for a particular 'section - -' can't remember the actual term. It stopped exh taking me to court for frankly naff all. He got bollocked off a judge for wasting court time and bullying me!!

He needs to demonstrate you broke the order without reasonable excuse, it seems like you have one. For something like this I would expect him to notify you of his intention first and give you an opportunity to remedy it before issuing court proceedings. It does indeed seem malicious.

I’m not sure if there is a specific procedure, but I would email the court and head it an application to vacate the hearing. Explain what happened and add proof you have sent them stating there is no reason to progress to the hearing which would only represent unnecessary cost to the public purse. State that you have sent a copy of the letter to your ex and do so.

That's a weird one to me, seems like the judge would just dismiss it. If that's all there is then I wouldn't worry about the actual court. I would say he is bluffing but then he would have sent an email to you first...

I suppose I should ask, did you assume he received them and had no input so applied without him or something? Has he actually missed out on anything because he didn't receive the applications? It sounds like a no but that's the only reason I can think he might be upset.

Thanks for all of these messages - really helpful.

FatherB - in answer to your question, I wasn't required to consult him on schools, I was only required to send him a copy of the application with preferences. In any case, because the application was late as moving house was delayed due to COVID, our son wasn't allocated any of the three preferences for schools, so neither of us have had any choice in the matter really.

He needs to ask the court permission to challenge the order, in this case permission should not be granted I can't imagine who advised him it would it's a complete waste of everybody's time

Weather you have representation or not IF this gets to court please make it clear to the judge this is "sour grapes" rather than a valid petition

@SiempreDot can I ask how it went?