[Solved] Another Application

Unfortunately you will have to make an application to the Court for Enforcement of the Order.

Might be as well first writing to her, telling her that she is in breach of the Order and that if you make a further application to the Court, you will be making a claim for costs against her.

A letter is a good idea or you could try Mediation to try and sort it out...Legal Aid is still available for Mediation costs if you are in receipt of benefits or on a low income. If this fails you will need to submit a form C79 Enforcement of Contact Order.

If you are on benefits or a low income you can claim the cost of the court fees back with form EX160a. If this is the case for you, you may also be able to put a claim in and get the first £200 you paid for the contact application, I believe there is a time limit of six months to claim the exemption.

Hi There,

I think your right that it is really unfair that in order to enforce a broken order you have to pay as it doesn't give any incentive for the resident parent to comply to the order.

No help here but an oppinion of mine is that if it is found the the resident parent was in breach of the contact order then the 1st thing the judge should do is enforce they cover the enforcement order fees, I think that this alone would stop a lot of the broken orders.

I do think there would have to be some sort of buffer zone so that a non resident parent wasn't applying to court every other week, but for stopped contact or continualy ignoring the order then they should be made to pay.

GTTS

...Theres lots of unfairness in this particular arm of the law.... you would think that because childrens lives are involved here that the law would be fit for purpose! 😡

Thanks for your reply. If I want to make a claim for costs do I need to put this in my application for the Enforcement of the order or is this a separate form or is it a verbal request to the judge, and, could I ask for the her to pay for the first application costs as there was no justification for her to stop me from seeing my child?? Thanks for your help 🙂

You will need form EX160a and this can be downloaded from the justice.gov.uk website or you can obtain one from the court. I'm not too sure about claiming back the fees, you can call CCLC and they can advise you about that. There is a link to their website at the bottom of the page.....Coram Children's Legal Centre.

Be prepared for more court order breaches!

You will need to get a warning attached to the court order….£200.00…..if like me you’ll not get that back despite her breaking the order!

If she breaks that order with the warning attached then you’ll need to enforce the order £200.00….again it’s unlikely you’ll get that back despite her breaking the order!

Then you’ll need to apply for the courts to act on their Enforcement order and find another £90.00 for the privilege of her breaking that order…… despite what I’ve read from people saying you can claim it back……again it’s unlikely you’ll get that back either!

If what I’ve read recently is also right at the hearing to get the courts to act on the enforcement order the courts may choose to give her yet another last chance…..however I also read that they should act and impose the penalties set out in the enforcement order!
So if she breaks that “yet another last chance” I refer to then you’ll once again have to apply to court to act on there orders! And yes you’ve guessed it another £90.00 to find……again they may say you can apply to get costs back but the reality is………..if she not working you’ll get nothing back!!!

I’m over £11k in costs over the last 3yrs…..money I’m still paying back……and because I earn and she doesn’t despite her being married the last 2yrs to some guy she shacked up with who is a manager of a decent sized security firm……I can’t get the courts to award me a penny!!! Despite they saying I should be entitled to costs if she breaks their orders!!!!

Hi Dad-I-d 🙂

I think that after 2008 warning notices are automatically attached to the Contact Order. I came across this snippet the other day when browsing!

NannyJ is right, the warning notice is now attached to a Contact Order....

Secondly I think Judges give the resident parent a second chance, in your case, the mother, because they don't want to put them in prison, it is not often they have imprisoned women for non contact, but they have done it.