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Hello all,
I have my enforcement hearing via telephone this Friday, getting nervous about it as not sure what to expect. I have submitted my bundle myself and included a position statement which requests the order is varied a little, will they allow me to discuss varying the order or will i have to do a new C100 for this?
My ex has been really unreasonable throughout, and I am hoping they will focus their attention on her more than me. It was my birthday yesterday and I got a surprise video message from my ex of my girls telling me happy birthday. I had seen them on a supervised visit the day before too, so I was surprised as I did not get any contact last year on my birthday,and when i asked for contact or a call on Fathers Day this year, it was refused. So i am thinking she may be panicking a bit and trying to get some brownie points by sending me this video message?
hi,
yes i think your ex may be being more polite so as to appear reasonable in the courts eyes. perhaps her solicitor advised her to. my ex more or less refused video calls when she kept kids away from me during start of lockdown. only when the hearings got underway and cafcass involved, i am suddenly offered 2-3 video calls a week 🙂
I have never done an enforcement, but I heard it usually becomes a hearing to vary, give you increased contact. you should not have to do a fresh c100 form. for the hearing you should have your position statement in front of you and keep referring to it, and state what kind of contact you are seeking. it may be worth asking court can a penalty/penal notice be attached to your order, such as giving police powers of arrest, so that the order can be taken seriously in future.
OK, I will do. Thanks for that.
I was only getting one video call every two weeks during lockdown, but since the enforcement was issued and cafcass got involved again, i have had supervised contact granted all of a sudden and one shorter one hour visit in between "for the time lost during covid" I was supposed to be having unsupervised since March this year. So I am hoping after this week, I will have them to myself for the first time in 18 months!!
I agree with Bill, I think it's always worth asking the court to spell out the penalties if she fails to comply with the order, it makes it that bit more serious.
Hi
I went to court about distance access among many other things and the judge said that I should have nightly telephone calls/FaceTime if I wanted as I would have seen them if in the family house.they even told my ex to arrange a telephone for my youngest(7 at the time)
Family courts are really pro access these days and if the mother is being obstinate it doesn’t sit well in family court.
Also I did all this without a lawyer(she had an expensive barrister) and it is quite easy fill in the form and attend.(as a rule it’s not a legal battle ) good luck
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