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[Solved] Would you continue with enforcement?

 
(@mumofboys)
Estimable Member Registered

Hey all

Some of you will know the story from the long topic on a c79 application due to lockdown opportunists!
Still heard nothing from application made in April, but the ex has given back contact as per the order as of 4th July! Yippee, over the moon!
Breach has gone on since beginning of March! Behaviour has been unfair and unreasonable. Her way or no way!

Our question is, what the heck do we do now? By the time the Court date comes through its not needed.
Would you carry on with it and get there and try and get a more defined, secured court order and hope a little reminder to her to not do what she's done again?
A vary would be nice tbh as he has a very grey court order and only 29 hours a fortnight no definate holiday contact etc. All in recitals.
Or would you drop it and not upset the apple cart after getting back to some normality.

Thanks

Quote
Topic starter Posted : 23/06/2020 5:41 pm
(@flyingember)
Estimable Member Registered

I would pursue - it's difficult in the joy of seeing loves ones again to forget all the anguish and trauma of the past - and while it's not good to dwell on past misgivings, your focus should be to dissuade further breaches.

ReplyQuote
Posted : 23/06/2020 5:43 pm
(@mumofboys)
Estimable Member Registered

Thank you flyingember.. Will the mags/judge be OK with this, or will they be annoyed if no longer breaching?
If a second wave comes she will definately do this again, that's a concern.
Also feel the ex needs to learn she cannot act like this for 16 weeks and not work together/coparent efficiently.

ReplyQuote
Topic starter Posted : 23/06/2020 5:47 pm
(@flyingember)
Estimable Member Registered

How the judges react is anyone's guess. There is definitely risk that they will be annoyed but they are bound by law to follow procedure, and if you can establish that the breach was unjustified they have to act.

I think sliding in some words about wanting the order to be more precise "to avoid future disagreements" will win you some brownie points as well.

you may also want to choose your words carefully at the hearing - say that while contact has resumed you want to dissuade further breaches, and you're not particularly wanting harsh punishment. If you could walk away with at least a suspended fine/community service that's great.

ReplyQuote
Posted : 23/06/2020 5:55 pm
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