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I'm in a bit off a bother. I had a court order in place as off middle off 2016 and now Jan 2017 went to collect my children as per order and was told I can't have them for loads off excuses. Rang police and they attended and was told nothing they can do and this was repeated 2 weeks later as I do think want my children to know I'm not turning up however the police were more helpful this time but same result . I contacted a solicitor as I've done this all alone up to now and managed but would I be able to get it solved. Nothing as the ex solicitors would not respond and again this weekend I'm due to have my children so same proses will be drive there and ring police. I've spoken to solicitors who said mediation but this won't stop it happening again and also more cost where it's rather put the 300 to the what I belive a c78 form for enforcement order . What are people's views and experience as time is moving on and now 6 weeks since last contact and it's killing me not being able to have what is just my right as a father
Many thanx
Ho There,
.
You would need to apply for an enforcement order, I don't have a lot of experience around this and hopefully someone will be able to offer you further advice, but hopefully if you returned to court for an enforcement order then it may make your ex think twice about messing around again.
.
GTTS
HI,
I have filed an enforcement order myself last year.
Firstly i dont think the police can do an awful lot to get you access, they have no bearing on things like this unless there is a danger to the kids. Its usually down to courts and social services.
Enforcement orders can be seen by the courts as aggressive and they are not overly keen on handing them out, but by the sounds of it you have alot of reason to file one. If the mother is showing complete disregard for the order thats in place then she is liable to be prosecuted for it, but again a mother being prosecuted for this is quite rare. Its quite a long process, you need a directions hearing, fact finding and all the same things as a C-100 hearing usually consists of. As i was mainly at fault for the breakdown in contact with my child i was advised to go in soft and revert to a C-100 form and start from scratch but ignored it and went for an enforcement and i failed. As long as your not at fault then you should be ok, but be prepared for it to go on for 6 months.
Paul
If you can afford mediation then ask the mediator to become involved. If the respondent fails to acknowledge then you will have a fm1 form to take to court as proof the contact order is failing . As for the c79 that is a question that needs to take in all the facts.
If the mother has her own solicitors , they will wait for the mediators response. First move in court.
I have just filled C79 c100 and c1a for a court order that broke down over a two year period...... no cost, no enforcement by myself and invite cafcass to be involved.
hope that helps
Hi there
With multiple breaches of a court order you can apply for enforcement without the requirement to attend mediation. The form you use is the C79 and the court should try and get you in front of a judge as quickly as they can, although t does depend on how busy they are.
As this is a civil matter the police won't usually get involved and you must be careful that this doesn't escalate, she could apply for an injunction against you for harassment.
All the best
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