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She's in breech of ...
 
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[Solved] She's in breech of a consent order - what do I do next?


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(@Anonymous)
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Hi everyone

My divorce finally came through a couple of weeks back. Off the back of that I now have a consent order and a contact order. I'm particularly happy about the latter as hopefully she won't mess me around anymore with seeing my son. The consent order doesn't really amount to much as all I requested back in terms of personal belongings were a handful of items.

Here's the thing (and I apologise in advance if this seems trivial considering the difficulties some or all of us have had to endure!) - Of the items I requested to be returned, and which the court has since ordered, she has failed to give me what she knows were the two most important items which are copies of the photos of the kids which we had stored on the home PC and a set of glasses which my family gave to me on my 18th birthday (quite some time back). Neither items have any significant monetary value but they both have a lot of sentimental value to me which is why this is a bit of an issue for me. I should note, that the photos weren't actually included in the consent order but she had agreed to provide the copies via a solicitors letter.

The court ordered that I have all the the items made available to me within 7 days which 'I thought' she did. When I unpacked the glasses that she did provide I immediately told her via text message that they were the wrong ones. She denied that they were the wrong ones so, as I thought she may have made a genuine mistake I since got my mother to confirm this also. Anyway, to try and cut a long story short, this has now gone back and fore a few times with her now virtually denying they ever existed.

I'm pretty sure she's just digging her heels in now and banking on the fact that I won't or can't do anything about it (as going through solicitors again is costing me a fortune!).

If anyone can give me some advice on how I get the consent order (and her agreement via solicitors letter to provide me with the photos) enforced without spending another fortune I'd really appreciate it....

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3 Replies
 actd
Registered
(@dadmod4)
Joined: 15 years ago

Illustrious Member
Posts: 11892

I don't think there's much you can do - the problem is that if a court order is breached, then the only way to enforce it is to go back to court. In theory, the court may award costs against her, but it's a risk you run if they don't. It depends on whether it's worth fighting over.

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(@MrOrange)
Joined: 16 years ago

Honorable Member
Posts: 606

Hi Spearon,
Its sounds really rotten that she has not given you the photos and glasses.
I hope that you have rescued some other items with sentimental value.
The photos and glasses clearly mean a lot to you and it seems a terrible shame the way things have gone so far.
I haven't got any ideas to help get your things back but wanted to say hi because I know how important photos become as time passes.
I wonder whether any friends or relatives have photos they took and could let you have a copy of...
/orange

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 actd
Registered
(@dadmod4)
Joined: 15 years ago

Illustrious Member
Posts: 11892

One other possible solution is to simply bide your time. At some point, things may settle down between you and your ex, and that may be the time to ask. Or she may want a favour, in which case you can barter for them.

Chances are that she won't lose the photos as they will mean as much to her as they do to you, the glasses are more difficult as you'd have to prove that she had (and still has) them.

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