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Warning notice
#1
Hi everyone, My final hearing is going ahead remotely, my ex' solicitor is seeking a section 91(14) order to stop me applying to court, however I have had to apply year after year due to her constant threats to withdraw contact. Can I request that a warning notice be attached to the final order made, although when I had to return in 2017 for her breach of the order it was upheld...I dont know if theres anything I can request from the judge to really put their foot down to stop her doing this again when all these proceedings are over? Her solicitor is coming at me for her fees as she believes my application was without merit...my applications have always in my opinion been with merit as contact is extremely important. Any help would be appreciated, I'm bricking it! Thanks
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#2
Ex solicitor will not get a section 91 againstnyou or any costs awarded. Solicitor would of picked up that you are likely to brick it by making empty threats that are laughable. Focus on what matters most which is children and get the contact you
Want.
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#3
Her Solicitor is just trying to intimidate you. But be prepared to argue in your statement against a section 91 saying the applications have only been necessary due to the importance of contact taking place as ordered. You said she kept threatening to stop it but did she actually stop it? You could ask for two things. A clause to say that both parents will be courteous in all communications (although it might just be a recital) as a marker to stop her making threats. You could ask for a suspended residence clause - ie a clause to say that if she breaches again, residence will be transferred to you. But she would have to have actually breached a lot and seriously for them to consider doing that I think. If the breaches have just been messing about - shaving off the odd hour or changing nights without agreement eg then they won’t consider that as serious as say preventing holiday weeks or you not seeing the kids for long periods.

Are you self repping? Ex’s solicitor is clearly going for the argument of you being vexatious and continually applying to court. There have been cases of vexatious applications leading to costs being awarded but it doesn’t sound like your applications fit that. Just have a counter argument prepared, with evidence, in your statement. Eg Mrs Ex solicitor claims that my applications are without merit and frequent. This is not the case. I consider it important to the childrens wellbeing that contact takes place as ordered and on x date, x date and x date contact did not take place including a full week on x date (see exhibit a. - exhibit a being emails or texts showing it was cancelled by ex). In addition O have received a number of threats to prevent contact, which have caused uncertainty and anxiety for the children when I would tell them I would see them on x date and they then didn’t know if this would take place or not. In addition to uncertainty and anxiety for the children, these threats served to undermine the children’s trust in information and assurances I gave them and undermined my ability to parent effectively. (See exhibit b. Exhibit be would be emails or texts threatening to stop contact).

You could add that your only reason for seeking court intervention is to try and ensure that court orders, which are in the children’s best interests, are complied with. You are aware there needs to be flexibility on occasion but the spirit of the order needs to be complied with and the children spend sufficient regular time with both parents and in both homes.

You propose a solution ongoing is that the court makes an order for the children to live with both their parents on a near 50/50 basis to ensure the children are aware their parents are equal, and that both parents have equal legal status which I believe will assist Mrs Ex to recognise the importance of the children’s time with both parents. I propose that the children therefore live with me every other week-end until 6pm on the Sunday, plus every Wednesday and Thursday, to give 6 nights a fortnight on a 2-2-4-6 basis. Plus half the school holidays to be clearly defined.

I think you’d be better asking for something like that which takes something away from her now - eg sole residence taken away. Which sends a clear message that she loses out if she doesn’t keep to court orders. If you then had problems in future you’d be in a better position to ask for a suspended residence clause.
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