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Hi al,
It seems I have to go back to court, last year I got a 'court order by consent' granted. Things have been tense between myself and my ex and a few times she has broken the order and I have threatened a few times with going back to court or just had to let it go because it really is something that I want to avoid, but now she is chopping, changing and reducing my time for the half term and summer holidays coming up, saying I can only have my daughter for day contact in the summer holidays which makes it impossible for me to plan anything with my daughter, amongst other things she has changed on the order.
My question is, is it the c100 form I need to apply to the court, what I am going to be asking for is enforcement of the order and a few ambiguous lines in the order to be clarified and/or rewritten.
So do i need the C100 form for this, or is there another form I need?
I am going to represent myself this time as I simply havent got the money for another solicitor.
Thanks in advance.
I’ve had a quick search back through my old posts on this very subject and it’s the C79 and £200 you will need.
You will need to have a “warning notice” attached to the bottom of your order before you can apply to court for enforcement.
If you haven’t a warning notice then you’ll need to check with court what you need to get that attached – I’m sure one of the other members here will be able to tell you more. But check with the courts, they sent me the form I needed.
If you do a quick search facility in this forum as there have been a few posts in recent months/year that will help you.
Thanks, there is no attachment on the order, I was wondering about that myself,my order was granted only last year, Ive read that orders should automatically come with a warning notice attached?? maybe because it was an order by consent there is no warning notice on it, as I want to get the wording changed aswell do I need to fill out a c100 aswell?
So I should ring the court and ask them to put a warning notice on the order?
Thanks again Ill go back through the forum see if i can glean some more info on this, I know im not the first to go through this.
Hi there 🙂
I think it would be a good idea to ask the Coram Childrens Legal Centre to comment on this...I'll get the Moderators to ask them to come and give you some advice. If time is short and they havent responded here you can always contact them through the link at the bottom of the page.
Another quick question, should I go for mediation again this time? Will the judge order it again? We went to mediation originally before the court order was granted.
Was the mediation successful the last time? If it wasnt you could use this as a reason why you haven't revisited it. You could say you would be amenable to giving it another go. The judge may order it, you cant second guess...as its for enforcement I would say its not as important, you dont want to change the contact order you just want it to be adhered to.
OK so I just rang the court and they told me I needed a C78 form to get a warning notice attached to the order, this seems right but what about the clarification of the order?
Can I mention that in court or will I have to submit another form, I would rather sbmit all the needed forms in one go as at £200 a time this could end up being expensive especially as I spent all my savings getting the order made in the first place!
Looks like this could, again, end up being expensive 🙁
My ex partner is out of work will she again be granted legal aid? I know the rules have changed on legal aid, not sure if she will get aid or not?
As far as i understand it the C78 to get the warning attached is what you need to do first, when at the hearing ensure you tell them why this needs attaching - failure/ex trying to change/stop contact.
if she breaks the order again then you need to get it enforced - yes its a farce! but thats how they work!
also if she breaks an enforcement of contact order then you'll have to apply to court again to get them to enforce the enforced contact order!!! Arrghhhh no wonder so many dads give up!!!!
yes its pathetic and totally biased towards the mothers!!!
Regarding the legal aid side of things i'm not sure....but the way under stand it is unless there have been alledged DV then she shouldn't be able to claim it.
regarding legal aid! far as I'm aware nobody can claim legal aid after 1st april if there DV allegations which are over 18 months old. And proof is required of DV that may have occurred after 1st april.
That's useful information Jasey - do you have a link to this information by any chance?
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