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My wife has repetidly ignored court instructions without facing sanction. We are now finished at the family court and she continues to ignore or misrepresent the courts instructions.
The judge made it clear that he does not wish to see us back in the court.
What options are available to me to enforce the court instructions. Im sure that my wife would ignore a solicitors letter.
Hi,
Can you tell what is she breaching in court order? Is it something that falls under the recitals section?
@bill337
Not sure what recitals is, nor can I find this term on the court order.
1. My wife insists that there are only 2 drop off/collection points and keeps saying that this is in the court order. The court order does not specify any specific points yet she keeps referring to this. It states mutually agreed points and throughout the order is states flexibility around points, dates, times. My wife refuses to show any flexibility despite having a car while I do not.
2. The court order says that we should use a specific app for communication. A google/play store search confirms that this app does not exist. I have registered on an alternative app and sent her an invite. She refuses to engage with the app stating that it is not the one listed on the order.
3. My brother collects my daughter at the drop off point. My wife claims that only he can collect my daughter yet the court order states any third party agreed by me and my wife. My wife is inflexible around the collection points/times and this impacts upon my brother who works shifts.
4. This is not the first time my wife has ignored the court order. I previously submitted a c79 and asked the court to address her refusal to follow the order. The court simply refused to address this failure and asked her to follow the order.
Do I have a case to take her to court for contempt?
hi,
did court order mention app like ourfamily wizard? if so then thats in the app/play store. another popular co-parenting app is called AppClose.
As with the collections/drop off's and 3rd party handovers, it mentions mutually agreed between you and your ex. so if you can not mutually agree, I suggest for you to be the better person and work with her, even though she is being difficult or unreasonable. I don't think these are good reasons to make an enforcement application.
If these arrangements are not working or becoming very problematic, you could return to and seek variation of your order. But I suggest to not return to court for a very long time.
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