[Solved] Contact and Enforcement

Thank you so much for your help....

Correction

The initial template I linked has included the case info, as in applicant and respondent details, twice, and this is unnecessary. Omit all of the initial type that is on the right hand side and just include the second lot that is centralised.

The date also needs to be on the right where it says date....some typing errors going on in the template. Hope that makes sense. The docstop example illustrates what I mean, I would have said just use that one, but it doesn't have a statement of truth which must be included, as it is in the first template link...hope this isn't confusing!

Evening All

So another Court hearing that she just ignored..

The bench were reluctant to process Enforcement (could cause hostility). Was duly pointed out that as there is not contact whatsoever this was not appropriate.

So state of play...CaffCass are to now file a report as to which Punishment will be handed out by the Courts and the Enforcement Order will be Granted.

Positive step was today My Son was asked by the Courts he if would just like to proceed to application for residency . This was Declined by my Son for now as this could take approx 10mnths .He advised the Courts that is not a Route he will rush into, all he wants is to see his Son..But if its the only option it will be 1 he will pursue ..

Question time...Ex has new Baby..we think this will get her out of Unpaid work..She,s not working so no way of Paying a Fine..Any ideas where Caffcass are Likely to go with this?

Many Thank..

It's very difficult to pre judge this...it's my feeling that they may settle for a warning not to do it again as she is a new mother and on benefits....I can't see her being sent to prison and you have already discounted transfer of residency.

Hi..

He hasn't said no to Residency..If she continues to ignore court order and Enforcement thats the route he is prepared to go down..

She is now remarried so there is a another adult to help out with child care.

...if the judge has the mettle and isn't biased towards the mother, as a lot of them are, then she may face a custodial sentence...but I still don't think it will come to that. They are so against penalising these mothers and they are given chance after chance before action is actually taken and the order enforced with penalties.

The order is up for Enforcement

Caffcass are to file a report as re Penalising the Mother.

So say the order is Enforced..Indication is it will be..How likely is he to get Residency if she breaks Enforcement if he were to go for it..

The legal Advisor suggested at the last directions hearing the courts will be looking to a Guardian appointed to act for the Child

I understand that it's an enforcement but if CAFCASS report that this will adversely effect her other child and a financial penalty would again see the other family members suffer, the court may decide to warn her that she must abide by the contact order or face losing residency of the child, or face prison. They don't have to choose from the penalties available to them...Dad-i-d, a member here, has taken enforcement cases to court on multiple occasions before the court would actually act and use the powers of enforcement that they have at their disposal.

The more she breaches the contact and ignores the court the closer she comes to losing residency but how long this will take to happen is anyone's guess I'm afraid.

If a guardian is appointed, they will be allocated by CAFCASS and a solicitor will also be appointed to act on the child's behalf. If the guardian and the solicitor feels that the child's best interests would be better served by transferring residency to the father then this would carry weight...but again it's not cut and dried.

Hey Mom24,

May I ask how long is it since your Son seen his child?

Slim 🙂

Hi Slim

13 long Months

Mojo

Thank you for your input and i understand what your saying..But as she has a history of no-show how can they warn her?
As was rightly pointed out by my Son..Its no good the Courts keeping threatening to do things and not following through as she has no respect for the courts as she is getting away with no comeuppance every time..

She was strongly advised to either attend the latest hearing or send in a Statement to explain her absence..All ignored.

She really does think she is a law unto herself.

In previous cases the courts have shown considerable patience towards mothers who carry on as your sons ex has, I believe Dad-i-d's case went on for two and a half years before they decided enough was enough!

I'm not saying that's the case here, I'm just saying its a possibility. It's just impossible to second guess what course of action they will take.

I do seem to remember reading that judges have been directed to take more direct action against parents that continually breach orders....perhaps that may be the case for your son.