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Breaking a court or...
 
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[Solved] Breaking a court order

 
(@Garyvicmerch)
New Member Registered

Hi I'm wondering if anyone can advise
We took my husbands ex partner to court which was a nightmare as she never turned up etc etc never got in trouble but to cut a long story short
My husband was granted supervised access in a contact centre to be reviewed and then normal contact to resume when appropriate
In the last court hearing she didn't turn up the judge told my husband the next step was to contact the contact centre to get things set up they would write to her and tell her the outcome and the case and advise that she needs to contact the contact centre too
My husband did this but after a few weeks I rang to see what was going on they said they had called her on numerous occasions and written too her but they cannot make any contact
They then advised me there was nothing else they can do as they can't force her to make contact?
What do we do now?
Is there another form to fill out to take her back to court? What do we do? Not getting any help or advise

Quote
Topic starter Posted : 02/03/2017 9:56 pm
(@leydan)
Eminent Member Registered

Hi I had something similar.... Just comply with what is instructed..... and ask that all is recorded..... then get another court date so cafcass can assess what has gone on .

If the respondent still does not attend, try to get some professional advice and a court date as this does have a habit of dragging its heels for months if not years

Hope that helps

ReplyQuote
Posted : 02/03/2017 10:38 pm
(@dadmod4)
Illustrious Member

If she is ignoring court orders and refusing to facilitate contact, then you can always try asking the court to transfer residence to you -it's still very rare, but the courts are starting to wake up to the idea.

ReplyQuote
Posted : 03/03/2017 1:55 am
 Mojo
(@Mojo)
Illustrious Member Registered

Your husband should write to the judge that made the Order and explain what has happened and ask for an urgent return to court for new directions. You mention that the case is to be reviewed and normal contact to progress, so I'm hoping that the case is still open. Even if not, judges do have the discretionaary power to bring a case back to court.

If the case is closed, you may be advised to reapply and as the order is being breached, you can apply for enforcement using form C79. Try writing to the judge directly first and see what happens.

All the best

ReplyQuote
Posted : 03/03/2017 5:12 am
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