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[Solved] Depth of detail to put in a C79 Enforcement Order?


Posts: 26
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(@FatherChristmas)
Eminent Member
Joined: 12 years ago

I am just filling out a C79 Enformcement Application and was wondering on the depth of the detail that I should go into, for example - should I include statements such as:

The last, and very brief, telephone contact that I was allowed was with my eldest child was on {date}, which was his {age} Birthday – this was also my day to pick the children up, yet both this and the ‘face to face’ birthday contact was refused.

Or should I just leave it as a summery of dates and facts, such as:

The last telephone contact that I had with my youngest child was on {date}.

Being a complete novice and always having a solicitor I haven't really got a clue on what the courts want or would prefer to see on an application.

Many thanks in advance.

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(@FatherChristmas)
Joined: 12 years ago

Eminent Member
Posts: 26

Also, I actually have a shared residence order which was created in Janurary 2010, would this also covered by a C79, as a C79 simply states 'Enforcement of a Contact Order'?

Many thanks.

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

Noble Member
Posts: 1306

i put a brief description of why i wanted to enforce the order but i also added a position statement in with it as well which gave the full expanded version.
if the box is not big enough to fill in add a page in and refer to it in the box.

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(@FatherChristmas)
Joined: 12 years ago

Eminent Member
Posts: 26

Regarding a ' Position Statement'. What is it?

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

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Posts: 1306

Your “Position Statement” is where you put why contact with you is in the best interests of your child.
She will eventually put in her statement which you will then need to go through and defend as she is very likely to put all sorts of things in there to try and sway the courts against you.

So….you need to be “squeaky clean” keep a record of anything and everything that is relevant for defending yourself against any lies or exaggerations she may use to defend her actions.

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(@FatherChristmas)
Joined: 12 years ago

Eminent Member
Posts: 26

Many thanks for the information. From what I have read is that this doesn't need to be filed at the same time, but can be done so many days before an appointed court hearing; if that's correct (is it?) then I will simply file the papers and then submit it at a later date.

So now, who do I submit my C79 too; am I right in presuming that it would be my ex-partner, (and/or)? her solicitor if she has one, and also the courts? All via recorded delivery? I am also going to submit an EX160 as I am currently subject to a low income, which I am guessing, only needs to be submitted to the court?

Also, I read earlier that my application can be submitted to any family proceedings court - me and my ex-partner live 60 miles from each other and for the last six years have always attended court in her county, would there be any gain to server her via my local courts or would that just frustrate things and end up getting transferred to the original courts anyway?

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

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Posts: 1306

The courts usually say that the position statements should be submitted within a set time frame and usually a week or more before the hearing date.
I added mine in with my application as I was expecting a quick court date. (within 2wks).
From contacting the courts to getting a hearing date was very quick for me although the managed to delay this by a week and then the courts by a month due to the judge who’s been overseeing the case for the last 18mth wanting it to remain with him and not be left to one of the other judges.
I think partially due to the ex refusing to turn up to two court hearings and being quite snotty with emailing the court and getting her MP involved had quite p*ssed the judge off to be honest….so I’m expecting Friday will be an [censored] kicking time for my ex 

The forms need serving on court nearest to the parent with care (so your ex’s court I’m afraid) ,

I sent the original and a copy to the court and copy to her (she’s not legally represented now) I did tell the court in my letter along with the forms that I had served them.

If you contact the court and explain what you are looking to apply for they will confirm the time frame etc…

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(@FatherChristmas)
Joined: 12 years ago

Eminent Member
Posts: 26

Many thanks - you're turning into a true fountain of knowledge!

I know the feeling with regards to the ex not turning up, I think out of maybe around 16 court dates my ex has probably turned up to only 2 - which ultimately worked in my favour as orders were created in her absence

Sadly though, this time - she's been able to obtain legal representation and I haven't, not yet anyway!

Thanks for all your advice thus far.

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

Noble Member
Posts: 1306

To be honest I’ve found the knowledge I’m gaining through this site absolutely invaluable during the last couple of years….
I think with it mostly what others have or are experiencing it’s been easier to understand and use.

I know without the help of guys like Darren, Actd, and Yoji I would have seriously struggled.

If I can help in return through what I am experiencing and finding out along the way then great……although I so wish I didn’t need to know all this.

The fight is not over until my little boy is reunited with me and his other side of his family.

The more we separated dads help each other, the more we can fight the injustices and ex’s control.

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