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Has anyone had any success getting an enforcement order for a contact order? Has it made any difference?
My ex has withdrawn contact in breach of the court order. I am wondering whether to file a C79 and would like to hear of any success you have had.
Thanks.
Does your ex state why she has stopped contact?
Have you tried going back to Mediation to talk about it? Have you asked her if she will go to mediation?
An enforcement application is very often successful, the Court will generally try to get contact going again, but if she continues to stop contact, the ultimate punishment is imprisonment. It is the last resort, but it has happened.
Hi there 🙂
Mediation would be a good first step, courts like to see all other avenues explored before applying to the court. Here's a link -
www.nfm.org.uk
If Mediation fails or is refused then I wouldn't hesitate to apply for enforcement....you were given the right to have contact by a court and have an Order to back that up. If nothing has changed then you are likely to be successful. Of course this wont stop her stopping it again at a later date, it would take quite a few returns to court before a custodial sentence is considered...this happens very rarely.
The C79 will cost you £200 unless you’re on low income or on benefits as I understand things these days.
I had to apply for Enforcement order back end of last year and was granted it in Feb, took until march to get a written judgement (Strongly suggest you go for that just in case it goes further). Contact was reinstated by end of march.
Ask for penalties of a penal sentence (prison) if she fails decides to break contact and also ask for transfer of residence should that need to be enforced.
I got the penal notice attachment and to be honest contact was then great with my little one (as always)…she actually seemed to understand that if she didn’t stick to it then she risks getting locked up for a few days. (In reality may be suspended sentence or suspended change of residence).
But then she took him on holiday end of April and only had him come with me once since then!
She turns up every week with the little one and then proceeds with negative language saying he didn’t want to come and things like tell daddy why you don’t want to go with him this week etc….
I’ve finally had enough of giving her chance after chance to be reasonable and positively promote contact I’ve been giving her chance after chance for over 3yrs now following multiple court order breaches…….Finally I’ve been forced in to a no return position and had to send in the application for committal (D11 form) another £90 out of my pocket I’ll never see to add to the £10-11K spent I’ll never get back 🙁
I’ll know more in the next few weeks….months as I only sent the D11 off this weekend 🙁
I will tell you honestly that I felt physically sick as I was writing it out and was shaking as I handed it over at the Post Office counter……but I know if I want any chance to spend time with my little one I have to do it because I know the ex is so messed up in her head that she’s a real mental/emotional risk to the wellbeing of my little boy.
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