I have a court order in place.
Currently every other weekend - daughter wants to increase 50/50 equal care - but finds can’t speak to ex & husband - child 10yrs of age,
Court order broken
How do I go about increasing access?
Do I get the court order enforced or re apply to the court again?
Would you recommend solicitors / barrister or represent myself as very costly?
if the court order is not being followed and rules broken, then you can complete form c79 for enforcement. then at hearing hopefully you can make changes to court order, for increased time with your child.
You ll be fine self repping . If you’re going for enforcement there’s no complex legal work to do . You just have to be able to proove the breach has occurred . The family courts are very understanding of people not having representation .
Why do you think a s7 would be ordered?
50/50 depends on lots of things . Is it practical for you to get the kids to school etc
If you can afford it , representation never hurts. Not a guaranteed way to get what you’re after though . Have you looked at direct access barristers ? Prob cost you £500 for one for your hearing depending on how much of the litigation you do yourself
Thank you, wasn’t aware that I was able to appoint a barrister without solicitors,
Could it be a long drawn out process numerous hearings etc... or because the order is broken does this help my cause?
If the order isn’t broken are you able to change an order easily through the court or is it a whole new application / process?
Just so I can weigh up all options and what’s best...
Thanks for all you’re help so far!
You can yes . I wish I knew you could when getting divorced lol ...never mind .
I believe you can ask the court to vary the order as part of your enforcement hearing . Quite how much a variance you’ll get who knows. Since you’re there it can’t hurt to ask although I think as part of enforkcnet they vary to stop the beaches happening like changing recitals to orders but my barrister said if I went to court for enforcing the court could give me lives with ie equal rights rather than residence .
I suspect enforcement will be one hearing , you just have to be able to proove the breaches definitely happened .
My understanding is you can apply to vary after a year of the order being issued .
Everyone can get 30 mins free legal help from citizens advice so maybe worth giving them a shout too
Because you only got every other weekend at moment its likely they would like giving you some midweek contact . If workable that could be play and supper or overnight once a week. they wouldn't jump from every other weekend to 50-50 in 1 hit.
If there is a breach ie every other weekend been stopped you would need to fill out a c79 for enforcement.
Before you go to court that's if court order isn't breached you could try emailing ex or speaking to her about allowing midweek contact to happen from school. I cant imagine her agreeing to 50-50 though as that would be a big jump.
If you haven't got half of school holidays , you could apply for that as that's easiest to obtain