When I take the x back to court for breaking the court order. Once I have filled out the c 79 and once in there can I change the order
Hi Colin - can you give a little more detail of the circumstances?
If you want the existing order varied it might be better to use a c100 to apply to vary the order, at the same time that you apply for enforcement... So you would put C79 and a C100 in to the court. I'm not legally trained so it might be a good idea to contact Corams legal advice line, here's a link
each time my ex has broken orders i've written in to court first and then either been given an urgent directions hearing or i've had to apply via a C79 for enforcement. at each the judge has varied the order to get compliance by the ex.
the variations were in times and days of contact but the problem i've had over the years is weak orders made by the judges allowing the ex to only do the bare minimum they order.....i needed to have the extra contact that was expected by the judge fixed in the order rather than as they put "extra as what can be agreed between the parents" she never agrees to the extra so i have to take it back to court and then she stops contact when i do until the court orders it to resume!
so my advice.....any variation needs to be more firm than flexible if your ex is like mine......i didn't want to have no flexibility but its the only way in my case.
each time my ex has broken orders i've written in to court first and then either been given an urgent directions hearing or i've had to apply via a C79 for enforcement. at each the judge has varied the order to get compliance by the ex.
Hi dad-i-d,
Can you tell me what sort of depth you went into with your letter to the court? We have a lot to write and don't want to go overboard, lol.
Thanks 🙂
Hi spottedtree
Keep anything you are sending to court, be it an application or a letter to a judge as brief as possible or I'm afraid it's unlikely to be read in any depth. If you outline the issues briefly, the court can ask what they will need to know when you attend and if necessary direct you to write a full witness statement.
As Yoda said....keep it short and to the point.
i basically put on dates x y z contact did not take place due to ex refusing or failing to turn up.
at each time these were within 1 - 3 months so i think the judge wanted to drag it back in quickly.
address the email to the Court Manager FAO the Judge, then write as if speaking directly to the judge "Dear Sir/Madame or Your Honour whatever they were called