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Good Afternoon Forum
This is the first time I have posted on here.
I'm due to go back to court in the next few weeks for hopefully the last time to finalise a child arrangement order. This will be the 4th of these types of orders I have had in the last 7 years.
Every few years my ex wife seems to like breaking them and I have to go though the process of going back to court defending myself against different allegations she makes and then finally get the new order up and running.
What I would like to know is if anyone has managed to have any extra wording put on the court order apart from the standard written on every arrangement order. The final cafcass report does say that it would be harmful to the children if this happens again. I have asked the cafcass officer if this could be put on the order and she has said this would have to be brought up in court.
The main reason for asking is that every time I have to attend court I go back with an enforcement application only to be told that because we agreed to the arrangements in court they can't enforce it.
Thank you for reading this post.
Hi there
It is possible to have extra definition written into an order.
Sometimes the court writes these in as recitals and as you’ve been told, these are for guidance rather than actual conditionsthst must be followed.
Who will be tasked with writing up the final order?
Without knowing what it is you would like written into the order it’s difficult to give an opinion. If you don’t wish to post this on public forum, you can send a private message to any of the Moderators and someone will get back to you.
All the best
Hi Mojo
Thank you for the reply
This will be the 4th set of legal proceedings that I have had to under take. Its seems to be consonant that every time contact stops Mum writes a solicitors letter to me saying contact will stop and I have to take her back to court to enforce the order. When we go back to court the order isn't enforced we just have to start the lengthily process again, this takes anywhere from 6 month to 12 month to sort out.
The children have got their own guardian this time and solicitor so I think the order will be drawn up by them it will more than likely be pretty much the same as previous orders as everything has gone back to how it was before.
I would want something put on the order that states that the court would take a very dim view and would be considering other options open to them should this order be broken again. However that's the bit I'm struggling on what wording could be put on it to make mum think twice about breaking it again.
Thank you for your help
Could you have a word with the Guardian and ask if they would be favourable to the order containing directions concerning further breach without good reason.
The link below has some case law about enforcement and this may be useful, you could direct the judge to consider your position with regard to it. Case law is a good tool, it’s a precedent that the court should take note of when applying the law.
http://www.thecustodyminefield.com/christmas/contactenforcement.pdf
Best of luck
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