[Solved] Back to Court Enforcement Order

The form you need is a C79 and it will cost you £215 to apply. If you are on benefits or a low income you may be entitled to an exemption, to claim this you will need form EX160a.

Once you have submitted the forms it's usually 4-6 weeks until the first hearing depending on the amount of cases going through the court in your area.

There is no second guessing what will happen I'm afraid....it depends on the judge on the day.

As the order was only passed on the 8th October have you tried writing to the judge that was sitting and asking him to recall your case because of non compliance? It's worth a try and has worked gfor others here before now.

Hi

We don't have the name of the Judge as it was listed as before the bench of the magistrates and the legal adviser sitting in our local court?

Do we just write stating she hasn't complied and request it be brought as a matter of urgency?

We are finding it difficult as we are unsure whether we are going down the right route or whether we are completing forms correctly. Its a big minefield. There doesn't seem much support for dads who cant afford a solicitor.

One thing you could do is join FnF.

http://www.fnf.org.uk
They not only offer great support but also very good advice with regards to
self representing.
You could also ask them to be your McKenzie friend in court.

Good luck
Kirsten

The name of the judge that passed the order will be on the order itself i would think...

Yes write and state that the order was only granted on Oct 8th and she has been in breach three times and as yet you have had no contact, request that the case be recalled.

The suggestion of attending an FNF meeting is a good one, they will help with form filling and legal advice.

Here's a link to their webpage where you will find details of meetings in your tea

www.fnf.org.uk/help-and-support/local-branch-meetings

When you get it back in front of the Magistrates it may be well worth asking if it should be raised to County Court level due to the constant breaking of the order by your ex and that the County Court have more power of enforcement than that of the Magistrates court.

this will add delay to get it to County but County Court do have better power to enforce court orders so i'm told.....if it still doesn't stop your ex then you can apply to the courts to apply the penalties set out in the enforced order should you be awarded it.

make sure you have all breaches of the order fully documented, any evidence in writing helps a lot in that...texts / emails / letters stating contact not going ahead by your ex is good but if you don't then have dates times when you were supposed to have contact...how long you were there waiting etc...
i tended to get texts off my ex saying contact not happening this week for whatever [censored] she came up with.....or i got receipts for coffee at the location for collection/contact etc... just to prove i turned up and she hadn't.

(Been away for a couple of weeks - but i'm back now and seeing where i can offer advice)

...or i got receipts for coffee at the location for collection/contact etc... just to prove i turned up and she hadn't.

That's an excellent bit of advice 🙂

I've filed the enforcement order and sent it back to the courts and now have a new court date of the 12th december for the enforcement hearing.

Does anybody know what I am to expect when I turn up? Is it the same format as the directions hearing? Will I speak to the ex's solicitor/cafcass before hand or will I go straight in front of the Magisrates?

I'm a bit worried that my ex will not turn up and if she does she will not take any notice of the enforcment order as she already completely ignored the current court order even with the warning notice attached, making no effort to make my Daughter available.

How long will the courts let her get away with this before they do something?? I have visions of going back and forth to court enforcing enforcement orders over and over.......

:boohoo: 🙁

It's the same format bosko, and you should get the opportunity to talk to the advisors/ solicitors prior to going before the bench.

Try not to worry about what might happen and what she might do, or might not do. If she doesn't turn up the court will re serve her the papers for another hearing but she will be warned of the seriousness of non compliance. You might have to go back and forth but you will get there in the end I'm sure. If she continues to mess the court about they will make her aware of penalties.