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[Solved] Breach of Order

 
(@brickhouse)
Trusted Member Registered

I have applied to the courts after my ex has breached my contacy order numerous times. I self represent.

I have just received a date for the hearing today and I am unsure how this now works?

It says nothing about what to do or how it will proceed.

Obviously all the other hearings have had a format (directions hearing, final hearing etc) but this one says nothing other than attend 1 hour before.

Do I have to submit a 'court bundle' as I have done for all the other hearings? Will she just get a rollicking and we get sent on our way? Will CAFCASS be instructed to to do reports?

Any help welcomed!

Quote
Topic starter Posted : 10/03/2016 12:38 am
(@Spottedtree)
Estimable Member Registered

Our experience of enforcement so far was that the first hearing was an hour for directions where mum was reminded about the warning notice (and possible imprisonment) and asked if and why she breached the order.

In our case they told her at the end of the hearing to stick to the order and we're back in court next month for another hearing as she felt she had good reason to breach it and needs to explain herself.

They said we didn't need to prepare a bundle for the first hearing as enforcement is a separate order to child arrangements. CAFCASS did a safeguarding letter as it had been more than 3 months since the final CAO hearing.

Hope that helps.

ReplyQuote
Posted : 10/03/2016 1:00 am
(@brickhouse)
Trusted Member Registered

Thanks for the reply.

Did you take advisce from anyone prior to court. At what stage did CAFCASS get involved? Did the judge instruct them or was it done prior to you attending?

The final hearing was back last April. Contact was ok at first but it became more and more sporadic up to Christmas when it stopped altogether and I got a message saying she would not attend again and would not contact me again.

The enforcement feels pontless as she will continue to breach. What else can you do??!

ReplyQuote
Topic starter Posted : 10/03/2016 1:14 am
(@Spottedtree)
Estimable Member Registered

CAFCASS got in touch before the court date, they'll send you a letter if they've been instructed by the court.

We took advise from a McKenzie friends before and during the court date.

Our situation was pretty similar, but so far since the court date she has done as she was instructed and made the child available for contact 🙂

Sometimes the threat of punishment by the court is enough to get the order back on track. I hope it works for you 🙂 In our case we will wait and see what happens at the next hearing, but for now at least the order is being adhered to.

ReplyQuote
Posted : 10/03/2016 1:24 am
(@got-the-tshirt)
Famed Member Registered

Hi There,
.
I agree with the above, I didn't go through any enforcement hearings, but I think with what has been in the press, when the threat from the judge comes I think it's taken a little more seriously, at least I hope it is these days.
.
The only thing the courts can't control is the attitude of the resident parent and that is the main issue, if they are of the oppinion they are right and no one can tell them differently then it can be a challenge, hopeflly the threat from a judge will be enough to make your ex see sence.
.
Good luck and keep us posted.
.
GTTS

ReplyQuote
Posted : 10/03/2016 4:14 pm
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