[Solved] Breach of court order

Sure. I've been told it's the judge discretion if thry ask the respondent pay the costs. It is after all her breach. I'll be requesting loss of earnings be paid by her also.it is a shame my sons mother continues to hold on to trying to push my buttons and cause upset when she should be trying to act like a reasonable civilised adult for the sake of my son.

H

Did you get clarification of which form to use?

Unfortunately it's also at the judges discretion whether to bring it back to court within the six months as stated on the order. As they wrote back and said you should use form C2 that would mean they are suggesting you apply to add new directions/another application to existing proceedings....there's still a fee for that though, but it is still acting within the remit of the existing order.

Of course you do have the option of going straight for enforcement. I was under the impression that enforcement applications were £95,but I know that some members have been charged £215 to make this application....all I will say is that they often get things wrong so I would query it if you decide to go that route.

No the courts refused to give me any information on what form to use.
I phoned the cab and thry provided me with a telephone legal advice group called colum.
They informed me C79.

Thank you Mojo for explaining. I always have an awful time dealing with the courts as I represent myself and have not a clue about such matters although I managed to put together a bundle earlier this year for my contact order.
It's all new to me and as I'm emotionally evolved it can cause me to have the odd melt down alongside mental fatigue.

After your post and my calming down I have processed and my decision is to send a C2. Thank again.

H.

Hi there

It must have been Coram that you spoke to, they are legally trained advisers....I must state at this point that I am not. Did you tell Coram that the court had sent you the C2 forms after you enquired?

I felt that after your query to the court, if they sent you back form C2 that would indicate they wanted you to make a C2 application to add new directions or another application to the original case, as this is the purpose of the C2 form.

You're not alone, the court process can be confusing, especially as the court office are not infallible and can give wrong information.

If I were you I would take your completed forms to the court office in person and just make sure that you are on the right track!

All the best

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I'm not sure about Sarah's law to be fair, it's not something I've had to deal with but it's a child [censored] offender disclosure scheme in England and Wales (also sometimes known as “Sarah's Law”), that allows anyone to formally ask the police if someone with access to a child has a record for child sexual offences. Personally, I would raise your concerns via the court in your position statement for the enforcement hearing.

I was surprised that you had been advised to submit a C2 following a final hearing but it's not unheard of for a court to allow this. A C79 for enforcement is the usual way though. .

If you have imminent concerns then yes, you should raise these with Childrens Services and let them know you have an enforcement application pending.

Sorry you've been messed about with this...at least now you can get the right form in and start the process. It would be a good idea to put a brief position statement together, just a couple of pages with a little about the background and what you would like the court to do. There's some templates that you may find useful, I'll get the link for you.

www.thecustodyminefield.com/flapp/positionstatements.html

http://media.wix.com/ugd/69743a_6f5457e9a07b43ae9dcb67ef4be27cf2.docx?dn=Position%20Statement%20Template%20with%20questions.docx

If there's anything we can help you with please don't hesitate to ask.

All the best