The Response to my initiating application sought unsupervised time, however orders where made that time spent must be supervised, the children eventually refused to attend supervised time - with the backing of the family report writer - he then made a vexatious amended response for Final Orders that the children to reside with him and at the same time he sought interim orders that the children reside with him, the interim orders he was seeking that the children live with him were dismissed, the court have ordered that he amend his response to my initiating application - however I have filed an application in case to have the matter dismissed under vexatious response and other rules for various reasons, my concern is that the court by virtue of the order allowing him to AMEND, which is really a RE-AMENDMENT will provide him with a different cause for action before my application is heard to have his response and the case dismissed/final orders issued via summery disposal/ .. effectively if he changes his response it gives him another bite of the cake which he isn't entitled to having previously filed for residence.. albeit a vexatious application.
So if I have this correct:
1. Some years ago, you filed an application, your ex filed a response seeking unsupervised time.
2. Orders were made that the children live with you and spend supervised time with your ex.
3. Some years later, the children stopped spending time with your ex.
4. In response to (3), your ex filed an Amended Response seeking final orders and interim orders both seeking to have the children reside with him.
5. You filed an application to have the Amended Response dismissed.
6. The Court (for reasons you have not explained) has ordered that your ex amend his Amended Response.
You are concerned that if your ex amends his Amended Response (which he has been ordered to do) he may defeat your application to have the Amended Response dismissed, because the amendments may cure the defects that you are relying on.
None of that has anything to do with what he should call his amended Amended Response. You need to focus on the substantive content of the documents, not whatever title is put on them.
I don't know why the judge has ordered your ex to amend his Amended Response, so I can't comment on whether such amendments may defeat your application for dismissal, whether the judge intended to give him an opportunity to fix the defects or anything else.
I would like his AMENDED VERSION to stay in play so my application to have the matter dismissed can be heard, if he re-amends it puts my application at risk of failure, well at least until he re-amends, at which point I can file again, the court has informed that in the event he re-amends then the previous amended version becomes moot. I don't want it to be moot, I want a hearing to address it!
If the judge has ordered your ex to amend his Amended Response, then your ex is entitled (and indeed, required) to do so. Trying to keep the first Amended Response "in play" after the judge has ordered that it be amended appears to be a pointless waste of energy.
