I always see suggestions on this and other forums that where court orders are breached that enforcement action should be taken straight away. Do the stats back this up? Via the below link, through to 2017, less than 1% of enforcement actions were successful. Why is this the case? I don't have a court order (I wouldn't be successful due to a conviction, until I have completed course etc) however if I did have an order I'm not sure based on these stats I would ever look at wasting time and money on enforcement. I'm also sure my ex's solicitor would also be aware of such stats and so know that even if I did enforce, other than a judge giving a slap on the wrist and requesting that my ex adheres to court order, nothing will happen to my ex. Bit of an eye opener to me these stats are and I guess why online forums have soo many fathers struggling to see their children and ex's (usually mothers but not always) flouting court orders with impunity.
My court order states if my ex breaches the order, they can face a fine or prison? So what is the point of saying that when they don't act on it? This has given me no confidence for my enforcement hearing next month. Shall I just not bother going now?
I guess I didn't think through the thoughts people may have reading my post.
My intention was not to put people off but more thinking out aloud.
I guess some of the positives are that the stats are through to 2017 and so I've no idea what has happened since then, maybe other posters on here can advise.
Also I guess even if enforcement orders are not approved the impact of court action will be different on different people who breach court orders. Whilst the order may not be approved and no penalty given the court action itself and the judges stern words may in itself improve contact.
What the stats also do not show is those that are approved by a judge whether it was a 2nd or 3rd action and therefore whilst on 1st occassion there is no action from a judge on a 2nd or 3rd occassion there may well be a fine or other penalty...
I think that was a very valuable post daddyup, so thanks for posting that - it's truly frightening reading that it started off very bad and has got much worse. I would hope that this report would cause some action to be taken to correct this, otherwise it's a waste of everyones time and money - the fault must lie with the judges, and not the solicitors.
I think on these statistics, I would ve very wary about using a solicitor for enforcement, I'd go it alone for the application cost, and not spend thousands on it.
That's a fair point actd re using solicitor/barrister, hadn't thought of it like that...
I've always looked at things as it is always best to try to appeal to exs better side, try to mediate, be amicable etc.. (appreciate this is not always possible).
Ultimately we (usually fathers) want things to be fair and equal but especially in my situation I fully appreciate that my ex holds the upper hand.. Its not easy but I know of men/fathers spend their life savings trying to see their kids only to get nothing.. Afterwards almost all say it was not worth it and they wish they didn't spend the money they did as it (the money) would make a difference to their personal lives.. I actually know one father who didn't spend the money, self represented, got no more contact than he already had (solicitor couldn't guarantee anymore contact) and instead used a fraction of the money paying for counselling to help him come to terms with the reduced contact and allow him to move on with this life.. Maybe this is one way to go.. Counsellors are much cheaper than solicitors!!!
The only winners are solicitors and barristers.. Who will always say go to court and suggest possible winning outcomes without guaranteeing them and then when a negative outcome results say that its down to the judge, evidence, beyond their control etc... Either way they get paid..
We are due an enforcement (when I say we, my partner at battle with ex again) after she stopped contact for 16 contact weekends on the trott, due to covid, but very much opportunity to grasp control again.
He applied April and heard absolutely nothing, that's a concern that they do not see them as priority at all when a child is being kept from a parent for such lengths of time.
Such a terrible system, you'd think with phone hearing thru would get more done.
We are aware absolutely nothing will be done once it finally comes around, but tbh all we want is her to resume normal contact and a reminder of the recitals in their order and move forward.
We want her to know he won't mess around when it comes to his kids and will take her back again and again until she gets it.
For the courts to not actually enforce it only wastes their time just as much, as they will keep breaking knowing there is no punishments.
The success stories I have read is of repeated enforcements and no changes eventually resulted in a punishment, but never imprisonment, they may as well take that out of the order warning!
My understanding is that due to Covid the family courts only dealt with public law matters (children and local authority) where usually there is the risk of child being removed from parents etc..
However, yes I agree that taking ex back to court every time there is a breach will eventually get the message across but also test judges patience plus a history is being built up that could be evidenced in the future as required..
Its just very difficult, frustrating and emotionally draining...