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final magistrates h...
 
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[Solved] final magistrates hearing for contact


Posts: 2
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Topic starter
(@harley)
New Member
Joined: 14 years ago

hello we have a final hearing for contact order after months and months we have decided to get a solicitor. we think we can win. if we do she has said even if u win i will never let u see ur kids. what will happen if she refuses to hand them over? and we have an order in place please advise


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(@daddyto4)
Joined: 16 years ago

Reputable Member
Posts: 232

Hi Harley, once there is a contact order in place and in writing, she is legally bound to stick to it. I should think that when you get the order, it will say what the consequences would be should she, or you, fail to stick to it.
Good luck with it.

Daddyto4


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(@Nannyjane)
Joined: 14 years ago

Illustrious Member
Posts: 5426

...The courts take a very dim view of anyone disregarding their orders...I think her attitude is one of bravado. Perhaps you should mention her stance to your solicitor so that it can be discussed in court on the day...If the judge is aware of this I would think he would make some reference to the consequences should the order be ignored.

Good luck Harley.


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 actd
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(@dadmod4)
Joined: 16 years ago

Illustrious Member
Posts: 11897

Hi Harley

The advice above is correct - unfortunately, the courts can be a little lax in imposing penalties, so making the court aware of what she has said will probably prompt the court into making quite clear to her what the penalties are should she not comply, and once this is done, I would politely ask the judge if it would be possible to have the case listed back with him/her should your ex not comply - you may get a little disdain that the judge may think that you consider that the courts directions would not be followed, but hopefully they will grant that request.


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(@harley)
Joined: 14 years ago

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Posts: 2

thanks for all ur replys. just one more thing if she doesnt hand the children over on the set day? what do u advise? i have heard i cant do anything until the second time she refuses.


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 actd
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(@dadmod4)
Joined: 16 years ago

Illustrious Member
Posts: 11897

I'm not sure if there is a set number of failures that trigger being able to take any action - the odd problem amongst general good contact would be annoying, but not worth going back to court for. Keep a diary of events so that if you need to go back to court, you have the information to hand if it is a regular problem. Make it clear that you are prepared to go back to court if your ex does refuse contact.


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(@Nannyjane)
Joined: 14 years ago

Illustrious Member
Posts: 5426

Hi Harley,

I think its best not to worry about what ifs at the moment.... You need to put all your energy into the upcoming court case. Try and remain positive and dont forget to talk to your solicitor about your ex's threats not to comply, and ask that the judge be made aware of it.

I've always found that creating problems before they have arisen is never helpful so try to remain focused on the task at hand.

As actd says, keeping a diary is so helpful if you find you have to return to court, as you will have all the facts of her non compliance to hand.... but if she does exactly what she has threatened to do, she will be in contempt of court and that is taken seriously, so try not to worry about it.


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(@MickeyMouse1)
Joined: 14 years ago

Active Member
Posts: 6

Hi - after thefinal hearing you will receive a court order which if she breaks you have to return to the court and lodge an enforcement order which unfn is about £90... she will then be called back to court and this can keep happening, however I would imagine after a while the courts will start to look at this and issue some consequences for her.
Biut tricky cause she may say you never showed up etc - maybe a trip to the police station after you have attempted to collect the children to see whether it can be logged so at least you have some proof you were there??


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