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TOPIC: tell me your C79 enforcement success stories

tell me your C79 enforcement success stories 2 years 10 months ago #80294

may be wrong section but mods please re locate if thats the case

I was wandering and would like to hear a brief account of peoples C79 enforcement proceedings

so what were breaches
over what sort of time span
what evidence you used to prove without doubt that these had taken place
how the hearing(S) went
and the outcome as a result
and finally did it resolve issue or not?

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tell me your C79 enforcement success stories 2 years 10 months ago #80295

  • Yoda
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Hi

I'm sure you will get some mixed responses to this question as every case and every judge is different. It is impossible to predict what will happen but sure it will be good to hear of others successes or learn from their experiences.

I've been involved in many enforcement proceedings. The court generally take these very seriously and try to get the other party to comply with the order. If there are serious issues arising, they could get CAFCASS involved or vary the order.

What evidence you will need to supply will generally depend on what the other party has to say at the first hearing. If the court feels further hearings are necessary, they can direct you both to provide statements of evidence.

Just remember at the first hearing, you will not have permission to submit evidence but you can mention it in your position statement and make sure you have the evidence with you if the court wishes to see it.

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I have several years experience supporting parents in family proceedings as a McKenzie Friend. I am, however, not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

tell me your C79 enforcement success stories 2 years 10 months ago #80301

ok thanks

so as long as they take it seriously and the ex doesnt try to muddy water, then it should all go well

can she request to vary the order or seeing as shes in breach it wont go down well will it , and a separate application for variation should be made.?
shes already got the location changed by force and may try to get contact changed?

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tell me your C79 enforcement success stories 2 years 10 months ago #80303

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Technically, if she wants to vary the order, the court should direct her to submit a cross application but they may accept a verbal application. As to whether a request to vary the order would be successful would be up to the individual judge to decide if they can't get you to reach agreement. They will want to know why the current arrangements aren't working.

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DAD.info Moderator

I have several years experience supporting parents in family proceedings as a McKenzie Friend. I am, however, not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.
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