[Solved] Court order broken

Hopefully others with more legal knowledge will help with the C79, but if the solicitor can say that there is enough reason to go back to court with an argument that the current contact arrangements are not in the childs best interests (and it sounds pretty flimsy), then they won't be penalised for breaching the contact arrangements.

Hi there

It sounds like they have applied for a variation of the order, but they should have attempted mediation with you first before an application was made. With enforcement applications isn't necessary to have tried mediation first.

I would give the court a call and ask if an application has been made by her, could they be bluffing? If there is an application being processed, you can apply for enforcement within that case by using form C2 to apply for it.

If an application isn't in process I would submit your C79 asap, you will need to submit the original form plus 3 copies.

You will also neeed to write to her solicitor to inform them that you are no longer instructing a solicitor and as a Litigant In Person, all correspondence in future should be sent directly to you.

How do you know that they are basing their case on secret recordings? There are mixed views about this and it is at the discretion of the judge whether it can be used, I would be arguing against that d there is case law that you can use to back your arguement.

If it isn't possible for you to use a solicitor this time, you might like to think about using a McKenzie Friend, which would be a lot cheaper than solicitors are. There are some very good ones, but also some not so good, if you would like help with this feel free to PM any of the moderators for further info/recommendations.

You might also benefit from attending a Families Need Fathers meeting in your area, you would get to meeet others in a similar situation to yourself and get face to face advice and support. Here's a link to their website where you'll find details of meetings nationally.

www,fnf.org.uk/help-and-support-2/local-branch-meetings

All the best

Basicly my ex asked me not to let my partner be around wen i have ny child but they cant use that part as in courts it stated that my partner wasent allowed for firsr 4 weeks. They have also stated vecause i feed my child with sugar foods etc not always but sometimes that he is sick all time and also he comes back distant to them they also said he is at harm. In regards to the private recordings they got thwre was some things my partner said about my ex which they trying to use. They messaged me and said her solicitor had sent an application to court and advised them to cancel all contact basicly they sayin he is at emotional risk and harm when in my care. This is all a delib attempt all becasue it was comming up me having him overnight as the recordings they made was in october last year. But now its come up to me having him overnight in jan they started all this with accusations and lies. Which is wrong and jist using the child as a weapon as an example they said ladt fri i cab have him if i agree my parter not there so i saod yes and they went how can we trust and i saod they needed out their anaxity issues to one side abd because thats what i saod then they went well u cant have him again now. Its just a delib attempt to cause more aggro and to control the situation and use him as a weapon

I have spoken with courts and her solicitor they havent saod at all to brrak the order at all i have told her solicitor to let her client know that if they dont reinstste contact asap then im applying for an inforcemnet order as i have also drafted one on ready to send. As now its come to my child sleeping they tryin stop it on the grounds of sharing a room with me which theh feel they shudnt even tho the courts knew from the court last time i only have 2 bedroom house . Also i have told them i will seek court cost n fees as well in the hope they stop it all this arguments n silly things of stopping the order also theres no court application in place as well

... So they were bluffing then! Well done for acting quickly to get to the bottom of it, hopefully your threat of an enforcement application and costs against them will be enough to make them reinstate contact.

Keep in touch and let us know how you get on and If you have any rather questions please don't hesitate to ask.

Best of luck

They are wanting me stop my partner being arround basicly in the court order it stated that she wasent allowed for first 4 weeks around him. They are sayin they aint happy that cafcass did not do any checks on the partner. Having spoken with a cafcass person this mor ing they are saying that becasue the court order is a final writen order then cafcass will no longer do any checks and cant just get involved and even if they take it back to the courts on these recordings because it was already delt with in the final written court order last time then cafcass wont say ohh lets now do more checks because they did everything with the courts on the last final warning. So they cant take it back to courts over my partner and if they sort more advice then they woulf be told all this. They making silly demands that i stop my partner n show the cot is new before rhey reinstate contact but i have said if they dont by the weekend then i am sending the application monday morn along with costs. Also in the subject og the recording they got yea lots of things was said but the police delt with it and a civil court wont go againt something that been delt with by the criminal side due to it breaking certain protection laws and also the judge wont allow these illigal recordings to be used in the court. So they are bluffing and the reason for this is because they have lost their legal funding for legal aid with the pin notice they had they had legal aid for it and now they looked into it more legal aid will no longer fund anyone over jist a pins notice as they have clampt down now more on it. Maybe they will pay for a solicitor but i wont let the bully talks of them to stop me from my son as i will also go for residence order on the basis of her constant breeches as well as her constant controling.

I think you are correct in what you have said, they don't have the right to stop contact unless they have genuine concerns for safety, and they would be expected to go back to court when stopping contact to justify this - not waiting for you to do so, so I think you should call their bluff and go back if necessary.

I am doin they have offerd to reinstate contact just not over night stays they are waiting on a cafcass officer to reply to them about doin saftey checks on my partner as well as as checking my house however its a final court order i have and cafcass cant just get involved anymore. They will habe to advise them even if they have co cerns etc cafcass cant go againts the court order even if they have got illigal recordings where my partner has said things about them etc. I have accepted the contact and have said they have got a week before i go to reinforce the order. Of the over night stays and even if it went bk courts they cabt use the illigal recordings they got on privatly recordings in my house which they obtained by using buggin devices in the changing bag