DAD.info
Forum - Ask questions. Get answers.
Welcome to the DAD.Info forum: Important Information – open to read:

Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.

Alternatively, if you are in crisis, please call Samaritans on 116 123.

If you are worried about you or someone you know is at risk of harm, please click here: How we can help

Breach of court ord...
 
Notifications
Clear all

[Solved] Breach of court order

Page 1 / 2
 
(@Herewegoagain)
Eminent Member Registered

Hello one and all

I feel I have the answer and would just like to be assured that I am correct in the following.

My Son's mother is withholding information from me in regards to my sons location of school and GP surgery.

The order of child contact I obtained instructs her to tell me this information on the 30th of July. I know this is only a day or so ago but she has made a song and dance about this for some time and continues to fob me off with " ill tell you in two weeks time."

The order states I have permission to bring the case back to court within 6 months of the order being being served if problems arise.

Please can someone confirm if I am correct in saying I need to activate a c78 enforcement document to have the court instruct her to release the details?

Thank you
H

Quote
Topic starter Posted : 31/07/2016 9:49 pm
 Mojo
(@Mojo)
Illustrious Member Registered

Hi there

As the order states that you can take it back to court within six months if not complied with, if this is still within that time limit you can write to the court and request new directions and enclose a copy of the order.

If six months has passed then you can apply for enforcement but you would need form C79.

If it were me I would write to her formally and remind her that she is now in breach of the order and unless she supplies the information within 48 hours you will have no choice but to return it to court immediately. It might just make her realise that she needs to comply.

Best of luck

ReplyQuote
Posted : 31/07/2016 10:04 pm
(@Herewegoagain)
Eminent Member Registered

Thank you so much I am very grateful

ReplyQuote
Topic starter Posted : 31/07/2016 10:35 pm
 Mojo
(@Mojo)
Illustrious Member Registered

Any questions please don't hesitate to ask.

If you find you have to write to the court make sure you address it to the judge that made the final order.

All the best 🙂

ReplyQuote
Posted : 31/07/2016 10:41 pm
(@Herewegoagain)
Eminent Member Registered

I have now informed the court of the breach.
What sort of time frame should I prepare for before the court create proceedings?
I understand this varies from County to county.

H

ReplyQuote
Topic starter Posted : 03/08/2016 1:04 pm
(@got-the-tshirt)
Famed Member Registered

Hi There,
.
It can vary depending on court case load, but I would have thought 2-3 weeks.
.
GTTS

ReplyQuote
Posted : 03/08/2016 1:30 pm
(@Herewegoagain)
Eminent Member Registered

Hello again.
The court has responded with a letter. Enclosed are x3 C2 application forms.
the letter suggests I take legal advice etc if I am not sure of the procedure. Fees are payable.

I supplied the court with a letter and the court order that clearly shows I can recall the case for 6 months.
Any ideas please?

ReplyQuote
Topic starter Posted : 04/08/2016 9:22 pm
(@Herewegoagain)
Eminent Member Registered

I've been searching the Web for hours and I've no idea if the c2 form is the right form to send back.
The contact order I have says I have permission to return the case to court but the letter I received today tells me I have to pay fees for a c2?
Am I being had over here? Will I need to pay to get the original order enforced?
Is the c2 the right form?
It frustrates me the way l/p's are treated by these cash cows while children and fathers suffer.
Any help most welcome.

H

ReplyQuote
Topic starter Posted : 04/08/2016 9:29 pm
(@got-the-tshirt)
Famed Member Registered

Hi There,
.
I would if possible go to the court with your court order and ask them for advice as to what you need to file and if you have to pay, If you can't go in person call them and ask them for clarification.
.
GTTS

ReplyQuote
Posted : 05/08/2016 8:50 am
 Yoji
(@Yoji)
Honorable Member Registered

Agree with GTTS, at the end of the day if it is listed/stated in the court order that should negate the need to re-submit any application.

Send an email marked for the attention of the Judge who dealt with your case and copy in the corresponding part of the court order. They will then give directions to either come back or to file C whatever

ReplyQuote
Posted : 05/08/2016 11:43 am
(@Herewegoagain)
Eminent Member Registered

I need to fork out another £215 to activate a c79 form.

ReplyQuote
Topic starter Posted : 05/08/2016 3:46 pm
 Yoji
(@Yoji)
Honorable Member Registered

Could you please do me a favour and tick the box that says "order for financial loss" in section 2.

Want to see if we can get you the £215 back

ReplyQuote
Posted : 05/08/2016 4:34 pm
Page 1 / 2
Share:

Pin It on Pinterest