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My husband is going to email the court today, requesting to restore his case. He has a liberty to restore in the order, so fingers crossed the judge agrees.
We're unsure as to whether he should copy his ex, as the respondent, into the email. She was represented by a barrister, but as technically the case is currently closed, I suppose she is now unrepresented.
He doesn't want to copy her in and be seen to be fuelling hostility between them, but also doesn't want to be seen as underhanded in writing to the court without her knowledge...
Any advice?
Thanks in advance ☺
It's my feeling that as the case is currently closed, legally he doesn't need to copy her in.
It's a difficult one, but I believe he has told her previously that he would be doing so, if agreement couldn't be reached, so in effect he has already informed her of his intentions. She was in court when the judge gave leave to restore, she understood what that meant I'm sure.
Having said that, if it were me I would copy her in, sometimes that's enough to get the ball rolling again. Only your husband can know what reaction he may get, he's best placed to decide. I think whichever way he goes is ok.
All the best
Thanks for that info, Mojo - informative as always ☺
He's decided there's no need to copy her in in that case. As you say, she is already aware of his intentions, and he doesn't want to be accused of ruffling feathers.
Thanks again!
You're welcome Jss, please let us know how he gets on with it. It's such a pity that the silly woman won't see sense.
Indeed! She has also now breached the order this weekend (we believe) so he hasn't seem his children - it seems court is the only option.
I'll update when the court reply, hopefully it won't be too long to wait.
I would also advise your partner raise her inflexibility, the fact that she ignores emails and the breaches in his email to the judge. Best of luck
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