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[Solved] Enforcement

 
(@citydad)
Reputable Member Registered

Hi all I intend to apply for enforcement of a child arrangement order due to not having contact with the children as was ordered .
There is no warning notice attached to the order . Gov website says the court won’t enforce an order without a warning . Solicitor seems to think I can .
Any ideas ? Anyone applied to enforce etc ?
Many thanks

Quote
Topic starter Posted : 24/06/2020 1:24 pm
(@dadmod2)
Illustrious Member

hi,

some info i found on a site:

If your child arrangement order was issued on or after the 8 December 2008, it will contain a warning notice about the consequences of failing to comply with its requirements.

If the contact order was made before this date, it will not contain a warning. If this is the case, you must make an application for a warning notice to be attached to the order before you can apply for an enforcement order.

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looks like you need form C78 to have warning attached: https://www.gov.uk/government/publications/form-c78-application-for-attachment-of-a-warning-notice-to-a-child-arrangements-order

sounds long-winded. wonder if there is another option, such as you applying to court to vary your order, for increased contact? this is what i did when ex broke a recital, that could not be enforced.

ReplyQuote
Posted : 24/06/2020 1:51 pm
(@flyingember)
Estimable Member Registered

Are you sure there is no notice?

The solicitor should advise you to attach a penal notice.

I think you can enforce without the penal notice, but the courts can't lay down sanctions (Stupid I know). But I'm not sure - your solicitor should really advise you.

ReplyQuote
Posted : 24/06/2020 1:52 pm
(@citydad)
Reputable Member Registered

Thanks all

ReplyQuote
Topic starter Posted : 25/06/2020 12:29 am
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