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How to object to an application
#1
Does anyone have any info please, on how to object to an application as vexatious?  I am getting prepared for putting my specific issue application in as per my other thread, and it was mentioned that if ex counter applied to vary, I could object to her counter application as vexatious.

Is there a form that would need completing to do this?  I just want to be able to do it quickly if it happens.
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#2
There is no form or any particular process or anything of the sort Charlie.

If you ex did apply, based on false allegations or no substantial changes etc then you could oppose the application as without merit or vexatious in your position statement at the FHDRA.

It depends on what she alleges, what evidence she will suggest she would rely on (or lack of), level and experience of judge etc..

One of the problems withe the FHDRA is that no evidence is looked at. BUT, as it happened in my case, you or your counsel can try to persuade the court to ask what evidence the other party will be relying on for allegations, and at he same time state what evidence you will be relying on to counter the allegations. Better still, again as happened at (one of) my FHDRA, if you have in your possession CLEAR evidence which PLAINLY contradicts any allegation, the court may and can accept it, even at the FHDRA. It is not common, but my counsel really pressed for this, as it was only going to waste court time whilst prejudicing my position by prolonging the proceedings unnecessarily. My counsel almost put it to the judge, that despite no evidence usually accepted at FHDRA, the court would not be acting rightfully ignoring PLAIN and CLEAR evidence which contradicts specific allegations or exposes them as untrue. Especially when in light of your won evidence the other party can hardly say anything in response and against the evidence and try and maintain the allegation.

What I am saying is it is certainly not easy to have an application dismissed, and especially harder at an early stage. It depends on the facts of the case, on the judge, on the allegations, even on the cafcass officer present in court on the day etc..

I am only speaking from my own experiences of course and my own extensive reading of cases and authorities.
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#3
Thank you. Anyway - application ready to go in tomorrow morning. Had some advice from an online barrister over the week-end. Didn't say any more than I or you on here have already said - it's a good argument, she shouldn't book things on my time or break agreements in writing varied from the order. He did say ask for all the holiday dates as well so I've asked for that near the end with main application being for the holiday.
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