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I AM L.I.P

I am a Litigant In Person

Bullying By Proxy In Divorce

 

WHAT IS BULLYING BY PROXY IN DIVORCE?

Bully by proxy is not a new phenomenon. It is something that has been happening for years to many people within the family court system. Before, it would go unnoticed or be dismissed, but now it is becoming more widely recognised.

It may already be happening to you, but you just don’t know it.

Bullying by proxy in divorce is where a domestic violence perpetrator, an abuser, narcissist, or a revengeful ex-partner continues the abuse by using solicitors, barristers, and the courts. This will allow them to further abuse, frighten, control, prolong contact, stop their ex-partner from moving on, and maintain power and a hold over their ex-partner’s life. 

Bullying by proxy is a form of post-separation abuse.

LINK TO OUR L.I.P HELP GUIDE FOR ‘POST-SEPARATION ABUSE’

WHAT ARE EXAMPLES OF BULLYING BY PROXY IN DIVORCE?

  • Paying a solicitor to send endless legal letters to overwhelm you.
  • Instructing a solicitor to send paperwork and legal letters on birthdays and special occasions on a continuous basis.
  • Making endless applications to the court to delay the divorce.
  • Making the same applications again and again to the court.
  • Being in contempt of court many times to delay the case.
  • Giving endless dates to the court where they cannot attend in order to delay the case.
  • Making false allegations against you in court.

HOW CAN AN INDIVIDUAL FEEL IF IT IS HAPPENING TO THEM?

  • Traumatised.
  • Scared.
  • Harassed.
  • They feel the court is not a safe place.
  • Giving up.
  • Bullied.
  • Overburdened.

WHAT OTHER NAMES CAN BULLYING BY PROXY BE KNOWN AS IN DIVORCE?

  • Litigation abuse.
  • Abusive litigation.
  • Vexatious litigation.
  • Post-separation abuse.
  • Stalking by way of the courts.
  • Legal intimidation and abuse.

WHAT IS A PERSON CALLED WHO DOES THIS?

They are called a vexatious litigant.

LINK TO GOVERNMENT GUIDE ABOUT VEXATIOUS LITIGANTS

WHAT CAN YOU DO ABOUT IT IF IT IS HAPPENING TO YOU?

You can make an application to the court and explain what your ex-partner is doing. If the court agrees, they can strike out the action as an abuse of the court or issue a court order restricting your ex-partner in making further applications or claims. You can use form D11 to make an application in financial proceedings, and form C2 to make an application in child arrangements proceedings. 

LINK TO OUR L.I.P HELP GUIDE FOR FORM D11

LINK TO OUR L.I.P HELP GUIDE TO FORM C2

You can take out a civil restraint order (CRO) against your ex-partner if they are making the same applications regarding the same matters again and again. The CRO can be granted for a period of up to 2 years and can stop your ex-partner from doing this. A CRO can stop someone from muddying the already muddy waters of litigation and stop legal costs spiralling out of control. To apply for a CRO, you can use form FL401 and send it to the court.

There are three types of CRO the court can issue – 

  • Limited civil restraint order (LCRO) – This will stop your ex-partner from making the same applications again and again in the current court proceedings. They will need permission from the judge to make another application. 
  • Extended civil restraint order (ECRO) – This will stop your ex-partner from making a certain application in certain courts. The ECRO lasts for two years and can be renewed.
  • General civil restraint order (GCRO) – This will stop your ex-partner from making an application in all courts and the high court. A GCRO lasts for two years and can be renewed.

LINK TO OUR L.I.P HELP GUIDE FOR FORM FL401

LINK TO JUDICIARY PRACTICE DIRECTION 22A – CIVIL RESTRAINT ORDER

If you have suffered a great deal of vexatious litigation you can write to the Attorney Generals Office (AGO). They have a public interest in preserving the administration of justice and can make an application to a divisional court for your ex-partner to be declared a vexatious litigant or make a proceedings order. You will need to send them all the details, evidence, and case numbers, and the AGO will ask the Government Legal Department (GLD) to investigate first. Please note – they do not always investigate. Please click on the link above called link to the government guide about vexatious litigants.