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Enforcement, how long?

 
Cofeeman
(@cofeeman)
Active Member Registered

Hi, does anyone have any idea how long to expect to wait for a hearing for enforcement?

I had a interim order which the mother refused to follow, the judge warned her and told her to allow contact and follow the order at a hearing in July. The mother has still refused contact every week since then, so I put an enforcement order application in, that was back in August. 

I've still heard nothing. I've tried ringing but it's all outsourced to a callcentre so you can't actually speak to anyone. All they can tell me is the application is with the judge and has been since august. I haven't seen my son since April now, despite having court orders and I'm getting really frustrated. 

 

This topic was modified 2 months ago 2 times by Cofeeman
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Topic starter Posted : 03/10/2021 8:06 am
Bill337
(@bill337)
Famed Member

hi, 

you mentioned interim order, so is there still a date for a final hearing? before covid there was typically a 2 month wait for a hearing. now its around 3-4 months, even worse in some areas. I think you should chase it up every few days, asking for update.

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Posted : 03/10/2021 12:25 pm
Cofeeman liked

Cofeeman
(@cofeeman)
Active Member Registered

@bill337 

Thanks for your reply. 

Yes I am still awaiting a final hearing, but no date has been given for that as of yet. 

I can't get anywhere by phoning up unfortunately as I can't speak to anyone from the court, only a callcentre. They just say the application is with the judge and they can't give any time estimate. 

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Topic starter Posted : 03/10/2021 7:01 pm
KyleParker
(@kyleparker)
Active Member Registered

@cofeeman You can't enforce an interim order. An interim order is simply interim contact while you still go through the court system to get to a final hearing to make the full child arrangements order. Interim contact is only a short term order so that you can see your child while you are trying to get to the final hearing. It will be another year until you see your son, and another 3 months after that until your son is sleeping in his bedroom in your house because she will request supervised contact in a contact center and they always 100% of the time put that in place. The system is broken and they will give you the runaround because they don't care. You need to hear the truth, expect to wait a very very long time, even the final hearing isn't a final hearing, I had 4 final hearings in 10 months. It's extremely hard, extremely frustrating, fills you with nothing but anger, hate and resentment but DO NOT show any of that to the courts or Cafcass. Remember why you're there, not for her, not for the judge, not for anybody but your son.

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Posted : 19/10/2021 5:12 pm

how contact centres work

Cofeeman
(@cofeeman)
Active Member Registered
Posted by: @kyleparker

@cofeeman You can't enforce an interim order. An interim order is simply interim contact while you still go through the court system to get to a final hearing to make the full child arrangements order. Interim contact is only a short term order so that you can see your child while you are trying to get to the final hearing. It will be another year until you see your son, and another 3 months after that until your son is sleeping in his bedroom in your house because she will request supervised contact in a contact center and they always 100% of the time put that in place. The system is broken and they will give you the runaround because they don't care. You need to hear the truth, expect to wait a very very long time, even the final hearing isn't a final hearing, I had 4 final hearings in 10 months. It's extremely hard, extremely frustrating, fills you with nothing but anger, hate and resentment but DO NOT show any of that to the courts or Cafcass. Remember why you're there, not for her, not for the judge, not for anybody but your son.

Thanks for your reply. 

As far as I'm aware, the interim order is the same as any child arrangements order in terms of its importance and it being adhered to. It's just not the final order made. 

The judge made the order and it has penal notices etc attached for failing to adhere, just as any final order would. 

It was the judge who advised enforcement if the mother continued to refuse to follow it. 

I have also received a hearing date now.

Again thanks for your reply, I just don't think your information is relevant to my case. 

 

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Topic starter Posted : 20/10/2021 3:59 pm
KyleParker
(@kyleparker)
Active Member Registered

@cofeeman Interim contact orders are completely different to child arrangement orders. Interim contact is temporary while you work out proposals for the final hearing child arrangements. All you've done by trying to get the interim order enforced is delay the final hearing. Trust me, they don't tell you this stuff. You think you're all happy because you're going to get the interim order enforced but all that's done is add an extra 6 months of waiting on your case. You'll still have to go back to court after the next hearing to establish a final hearing and then you'll have to wait another 4 months to get an actual final hearing. The time you're spending on an interim order could be spent on a final child contact arrangements hearing. I've been through 2 years of this, some people go 4 to 5 years. It's the way it is.

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Posted : 20/10/2021 4:10 pm

top tips to support your child after breakup

Cofeeman
(@cofeeman)
Active Member Registered
Posted by: @kyleparker

@cofeeman Interim contact orders are completely different to child arrangement orders. Interim contact is temporary while you work out proposals for the final hearing child arrangements. All you've done by trying to get the interim order enforced is delay the final hearing. Trust me, they don't tell you this stuff. You think you're all happy because you're going to get the interim order enforced but all that's done is add an extra 6 months of waiting on your case. You'll still have to go back to court after the next hearing to establish a final hearing and then you'll have to wait another 4 months to get an actual final hearing. The time you're spending on an interim order could be spent on a final child contact arrangements hearing. I've been through 2 years of this, some people go 4 to 5 years. It's the way it is.

Again, I respect your experiences but I'll just see what happens in my case.

I had a legal court order to see my son and the mother refused to follow it every week. I haven't seen my son for 6 months despite having an order in place. The next step was enforcement, so that's what I've done. 

It's irrelevant whether it delays me getting a final order. If I have a final order and the mother refuses to follow it, what good is that to me? I'm in the same position until a court delivers some form of consequences for not following the order.

Hopefully the court will now be able to see the obstruction of contact and prevent it happening going forward, via the enforcement. 

This post was modified 1 month ago by Cofeeman
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Topic starter Posted : 20/10/2021 7:27 pm

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