[Solved] Enforcement paperwork received help needed

Hi Blackadder.

I would definitely check with the court explaining you had been advised the magistrates could do no more and the case would be elevated to a District Judge. In addition, I would certainly be asking them to check the correct paperwork and procedure have been followed. I've never heard of Cafcacss being instruced again so soon.

The courts are notoriously incompetent with paperwork and administration like you would not believe.

If you are able, it might be worth attending the court desk in person and asking to speak with someone.

Immediately write to the court manager and have it expedited. I think any hearing before the final hearing is either a dispute hearing or review hearing in the new CAO system. An enforcement hearing can be bundled up though. The court manager is best to advice, he/she has power to move to a different judge as well.

I think they are treating your case as a first timer, which is wrong.

As others have said speak with the court manager...in my case I had legal representation in 2011 from a barrister and she got it elevated to county court....county court judges have more power at their disposal than magistrates

I have been getting the run around i called coram legal advice line who advised me that they thought the case was incorrectly listed and i should go to the court with the paperwork

Went to the court and initially spoke to someone on the court counter showed them the paperwork and they said everything was correct that all enforcement hearings now get a new case number and have to go through the process of a first hearing dispute resolution. They also said that they have between 4 and 6 weeks to list hearings and the diary is full so theres no chance to have a hearing sooner.

Not entirely convinced by this explanation i telephoned the family court supervisor who said that although the paperwork doesnt mention enforcement the case number denotes that it is an enforcement hearing she also said the case couldnt be listed any sooner as they had to give cafcass notice in case they needed further checks. They also said it had been determined by a legal advisor for the case to go back to magistrates.

Still not happy i called Coram for further advice and the advice was that the practice direction states that enforcement cases should be listed within 20 working days.

Dont know what to do next as the court are saying they have upto six weeks and the legal advice says it should be no more than 4.

Also last time the legal advisor said there was nothing they could do and it needed a judge with more knowledge and powers however it has been listed presumably infront of the same magistrates/legal advisor.

Feeling very frustrated like banging my head against a brick wall whilst all the time my ex gets away with ignoring the order and our child is losing out on his relationship with the paternal side of his family

Coram are correct, enforcement applications should be listed within 20 days as stated in the Child Arrangements Programme practice direction.

Here's a link to the Custody Minefields information on enforcement orders.

http://www.thecustodyminefield.com/flapp/contactenforcement.html

.....and here's a link to the Child Arrangements Programme Practice Direction 12(B)

http://www.thecustodyminefield.com/flapp/download/pd-12b-cap.pdf

I would suggest you go back into the court with a copy of the practice direction and fight your corner, ask to speak to the senior manager or whoever is in charge... I would also prepare a letter for the actual magistrates that told you that you would need to apply for enforcement before a higher judge, explain what is happening and ask them to intervene on your behalf. Make sure you Include a contact number in the letter and address it to the Magistrates personally, mark it as urgent and if you get nowhere with the manager ask them to put it before the magistrates as a matter of urgency.

Well after 2 weeks since i sent the email to the court still havent got a reply to the points i raised but i have got a letter scrapping the original date and bringing the hearing forward by a week and a half. So i guess my quoting of the practice directions had some effect. And the person at the court who said the hearing couldnt be brought forward as they were snowed under with cases was wrong.

I think its still with the magistrates we will see if my ex turns up to this one ill be surprised if she does

A small victory....but still, it falls frustratingly short of best practice. Best of luck with it.