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[Solved] CONTACT ORDERS


Posts: 5
Registered
Topic starter
(@matt749)
Active Member
Joined: 13 years ago

Are contact orders worth the paper they are printed on? I have a contact order in place to see my daughter but when my ex feels like it she stops me having contact with her , how do you in force an order? I know i am not the only person in this situation and any help would be appreciated, do i really have to keep going back to court only for my ex to be told not to do it and then carry on as she sees fit

4 Replies
4 Replies
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(@dad-i-d)
Joined: 14 years ago

Noble Member
Posts: 1306

Hi,
if you’ve a good judge and can prove your ex is breaking the order then you need to get and Enforcement order attached.
However, my ex broke my contact order and I wrote to the courts and they brought forward a review hearing we were due to have in a few months.
The judge ripped in to her about breaking his order and that seemed to keep her playing by the rules so far.

Shes now trying to any little thing she can to pick faults with me and my time with my son….she won’t win though because if she breaks it again I will enforce mine, it will cost me up to £200 so the court tell me.

So good luck and I’d suggest try writing to the judge who made the order, it worked a little for me so far, but my ex has p*ssed off the judge by being caught out lying to the courts.

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(@matt749)
Joined: 13 years ago

Active Member
Posts: 5

Thanks for the advice, i represent myself in court and any advice is helpful, this latest episode is because my ex has just had a letter telling her i have applied for another hearing in respect to residence, wont hold my breath on the judge had the same one for four years and she never clamps down on my ex and she has broken every order made mind you it is the same judge who left my daughter living with her mother after giving me residence of my son after my ex locked him under the stairs and did not feed him.

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(@dadmod4)
Joined: 15 years ago

Illustrious Member
Posts: 11890

Hi

Unfortunately, there is nothing you can do to have an order enforced except to keep going back to court. However, I will ask the CCLC whether there is anything you can do additionally in court to persuade the court to be less lenient.

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Registered
(@childrenslegalcentre)
Joined: 16 years ago

Honorable Member
Posts: 447

Dear Matt749

Thank you for your e-mail.

As there is a Court Order in place and from what you have told us your ex partner could be breaching this, we would advise that you bring an application to Court for enforcement of the Court Order. The form you need is a C79 and this can be obtained from www.justice.gov.uk or from your local Family Proceedings Court. There is a fee involved for this but you would need to check the fee with your Court. If you feel you may be entitled to a fee exemption the form is a EX160a for this

If you do have concerns regarding the care of your child you may want to consider applying to the Court for a Residence Order. You may want to consider applying for this Order on the basis that your ex partner is not acting in your child's best interests.

If you do wish to apply for a Residence Order you can do this by completing a form entitled a C100 form. This form can be obtained from your local Family Proceedings Court or from www.justice.gov.uk. There is a fee of £200 for this application unless you are eligible for legal aid. There is a fee exemption form you can complete entitled EX160A.

We would strongly advise that you look at the Welfare Checklist when deciding whether or not to go for a Residence Order. This checklist is what Judge’s look at when deciding whether or not to grant a Residence Order:

The Welfare Checklist - section 1 Children Act 1989
a) The ascertainable wishes and feelings of the child concerned (considered in light of his age and understanding);
b) His physical, emotional and / or educational needs;
c) The likely effect on him of any change in his circumstances;
d) His age, [censored], background and any characteristics of his, which the court considers relevant;
e) Any harm which he has suffered or is at risk of suffering;
f) How capable each of his parents and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;
g) The range of powers available to the court under the Children Act 1989 in the proceedings in question

Should you wish to discuss your matter any further please do not hesitate to contact us back via our webchat facility which can be found at www.childrenslegalcentre.com and is available 9am-6pm Monday to Friday.

Yours sincerely

CORAM CHILDREN’S LEGAL CENTRE

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