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Last year an order was placed on my ex to do something every month (I won't go into detail,)
She didn't do as was asked and when I reminded her she said she hadn't been told to do it she was doing it out of her own choice and she had changed her mind.
So we went back to Court and the Judge told her it was an order and she didn't have a choice and attached a penalty notices to the new order.
Now she has breached that order twice again but the Court are refusing to bring it back to Court unless I make a new application?
Is this correct as this seems to be giving the impression that they are simply not interested in enforcing the order.
Hi There,
That is correct if you want to enforce an order than you need to apply through the courts for an enforcement order to be heard.
You'd think it should be simpler but they have a process and they stick to it.
GTTS
So is the C79 the correct form as it's not contact related but a specific instruction on my ex?
Seems bonkers to me.
Another question, as I'm having to pay for the application is it reasonable to ask for this to be paid for by my ex as "costs"?
The C79 is the correct form to use and you can ask for costs, I seem to remember there's a section on the form for that.... but it's debatable whether they will be awarded.
Hi There,
.
Yes the C79 is the correct form as it's enforcement you need. I know it seems mad, but you have to follow the system.
.
You can ask that the costs are passed to her, the judge may not award you costs but I'm sure that I've heard of judges warning ex's that if they have to return for any further enforcement then the costs will be awarded.
.
GTTS
Thanks for all the advice everyone, it does seem rather unfair that the only reason I'm going to be a few hundred £££ out of pocket is because she is in breach of a Court Order but the only way I can get her to comply with the order is to pay.
I got costs awarded last year but my ex was on legal aid so I had no chance of getting them so just discharged the cost order by consent
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