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Hi
My ex partner has not been complying with the contact order for months she then attempted to have a non molestation order out against me but that was dismissed.
Do I have the order enforced then apply to have the order changed or do I just straight apply to have the order changed????
Hi there
Do you want the existing order enforced, or do you want to change the schedule of contact as noted in the order?
When you say she isn’t complying, has she stopped all contact, or does she just change it/limit it without notice?
I have to be honest, most enforcement applications end up as a variation, with breaches rarely being punished.
If you were to make an application for a variation, you would need to attempt mediation first, if your application was for enforcement, mediation wouldn’t be required beforehand.
If you applied for enforcement you could ask the court to consider changes to the order once the hearings were underway.
All the best
Just responded to a similar post regarding enforcement of orders.
Regarding enforcement of order versus variation of order, if the ex has broken the order i.e. stopped contact, or keeping swapping days around at last minute then you need to look at enforcement of the order.
Ask for penalties warning to be added to protect you from is she breaks the order again....don't let them do what they did to me and put a recital stating an "expectation of the court for contact to increase to regular overnight stays" .... an "expectation of the court" is not "ordered by the court" and as such isn't worth the paper it's written on.
Courts want the parents to agree between themselves and the courts also wants parents to be flexible regarding contact, however, where you both can't agree or be both flexible then orders need to be tighter to prevent ex's breaking them without some form of repercussion should they break them. it's not ideal to have it spelt out every contact day / time / holiday etc... but in some cases it becomes necessary to try and stop the ex's sticking two fingers up at the courts
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