Can somebody be stopped taking repeated actions against you?

LifeIsStrange

I know I will need to go through my solicitor but wanted to ensure before I meet them that I'm covering all my options if possible.

I've been through a ridiculously difficult separation, approaching 20 days at court now because of stunts the ex has pulled over the past few years.

He hasn't got what he wanted in relation to custody and has threatened me by text in recent days that he will do whatever it takes and no matter what it costs to get his way.

He is very mentally unwell, there are a number of expert reports confirming this but unfortunately he has a solicitor with the same morals as himself so they'll keep assisting him as long as he keeps paying the bills.

Is it the case that I'm going to have to keep going back to court for everything until he eventually quits or the money runs out or is there any way to apply for an order that essentially prevents him from taking out repeated actions to try overturn the courts decision?

The bills so far are insane, I haven't been able to work because of his unpredictable and at times dangerous behaviour but the fact that he is making these threats worries me because with this hanging over me I don't know how I can reasonably get back to work - this year there were 6 days alone, last year it was more.

Any ideas would be very welcome.

Kimbot

I would hazard a guess at there been no way to stop him from taking you to court as bringing someone to court is a legal right and denying someone that wouldnt be tolerated in the law but I could well be wrong.

ohnonotgmail

Ask you solicitor if his continued legal action falls under the umbrella of vexatious litigiation. an article from last year on the subject http://www.irishtimes.com/news/crime-and-law/courts/supreme-court/woman-gets-protection-from-ex-husband-who-crashed-wedding-1.2445189

Jerome77

Thats a walk in the park. 83 times in court.?

My wife has been 130 and the kid is only 9..

Imcredible abuse goes on in the courts. OP I sent you a pm

TheNog

First action would be to visit your local Garda Station and report the messages you are getting. Request that an incident is recorded. Be prepared to show a Garda the messages received. Keep every last one of them. Depending on the message content their maybe an offence there. Second visit your solicitor.

Jerome77

And by the way, most solicitors are useless in family law.

pilly

Has the judge ever brought up the fact that there are continuous cases?

LifeIsStrange

Thank you all so much.

To answer the queries -

I'm on my second solicitor and they are excellent in family law thankfully as the first wasn't remotely prepared for the stunts that the other side would pull and continue to do.

The judge is aware of the fact that there are deliberate attempts to delay proceedings, it took a while but he tried to pull a fast one while in the witness box a couple of times so I believe they know what they're dealing with but his solicitors are just interested in the money so will keep fighting for him.

I will make a note of it with the Gardai, they're very familiar with him so probably won't be surprised.

I'll have a look at the article suggested.

I can understand it would be denying somebody their legal right to take a case but his actual plan is to totally destroy me personally, financially and professionally, I've been under attack in every conceivable way the past few years.

I thought I was doing badly but 83 & 130 days, the only real winners there are the legal people and I can only imagine the stress of the ongoing issues and mounting bills, well done on finding the strength to keep going.

A bit of thinking to do and I'll have a look at PM now Jerome77. Appreciate all of your responses, thank you.

Jerome77

Be steadfast. Get Safety order, have absolutely no contact with him. Never respond to a text or an email. Follow the court order and no more. Best of luck....

Pat Mustard

OP, it is possible to apply for an Isaac Wunder order in relation to a vexatious litigant.
https://en.wikipedia.org/wiki/Isaac_Wunder_order

I don't know your circumstances so I am not suggesting that one would be granted but you could ask your solicitor about this.

Mr. Incognito

Yes.

An Isaac Wunder or you could, and should, apply for case managment.

Your solicitor should be the person to ask

arayess

Jerome77 wrote: »

And by the way, most solicitors are useless in family law.

you should get one that specialises in family law exclusively.
I changed solicitors to one who dealt exclusively in family law....first fella
was decent but the lady I replaced him with just knew the stuff better.

Jerome77

Pat Mustard wrote: »

OP, it is possible to apply for an Isaac Wunder order in relation to a vexatious litigant.
https://en.wikipedia.org/wiki/Isaac_Wunder_order

I don't know your circumstances so I am not suggesting that one would be granted but you could ask your solicitor about this.

I have experience of an isaac wunder order relating to family law not being upheld. We thought it was a life saviour. Unfortunately not.

NUTLEY BOY

The Isaac Wunder order is a sound idea. However, it is not to be had simply for the asking despite the conduct described in this thread.

Any such application will have to balance the competing rights of the applicant for the order and those of the respondent against whom the order is sought. Repeated litigation between parties does not automatically imply vexatiousness if there is a sound and proper basis for it.

AFAIK the Isaac Wunder case is unreported and was not the first of it's type of order. SCRINIVASAN DEVRAJAN -v- KPMG & ORS makes for good read on a similar point. Link www.bailii.org/ie/cases/IEHC/2006/H81.html

Also, this is a classical example of the messy and horrible case in which people in the OP's extremely difficult position should keep a detailed journal of every relevant event - especially malicious communications.

P.S. Here is a link to an article by Anthony Moore on Isaac Wunder orders http://www.jsijournal.ie/html/Volume%201%20No.%201/1%5B1%5D_Moore_Isaac%20Wunder%20Orders.pdf

Jerome77

NUTLEY BOY wrote: »

The Isaac Wunder order is a sound idea. However, it is not to be had simply for the asking despite the conduct described in this thread.

Any such application will have to balance the competing rights of the applicant for the order and those of the respondent against whom the order is sought. Repeated litigation between parties does not automatically imply vexatiousness if there is a sound and proper basis for it.

AFAIK the Isaac Wunder case is unreported and was not the first of it's type of order. SCRINIVASAN DEVRAJAN -v- KPMG & ORS makes for good read on a similar point. Link www.bailii.org/ie/cases/IEHC/2006/H81.html

Also, this is a classical example of the messy and horrible case in which people in the OP's extremely difficult position should keep a detailed journal of every relevant event - especially malicious communications.

P.S. Here is a link to an article by Anthony Moore on Isaac Wunder orders http://www.jsijournal.ie/html/Volume%201%20No.%201/1%5B1%5D_Moore_Isaac%20Wunder%20Orders.pdf

My own experience is that an isaac wunder order was not sought but was given by a judge who was fed up of hearing breach of access requests from a father. So the person was banned from making breach of access requests.

Then other stuff started happening. Applications for change of maintenance, applications forbidding change of school, applications for passport, applications for birthday party venue.

But the dots are not joined.

Intriguing stuff , and one where the constitution is not being adhered to. As it states that the state will protect a family. How is that happening when one parent is constantly in court.