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Enforcing a court o...
 
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[Solved] Enforcing a court order C79

 
(@misterman)
Active Member Registered

I have filled out a C79 to apply to have a contact order enforced, most of the form is just names and addresses however how much detail should I enter for the reasons why I am applying, should I keep it brief and am I correct in thinking I send this to the court but not my ex as well?

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Topic starter Posted : 09/06/2015 7:52 pm
 1626
(@1626)
Noble Member Registered

Hi

Yes, keep it brief. You need to make 3 copies and take them to the court with your payment. The court will advise you whether you serve the papers to your ex or they do as this varies from court to court.

It's advisable to write a brief position statement giving more details of the breach to take to the first hearing. Enforcements can often be wrapped up in one hearing so make sure you include everything in your statement and have copies of evidence with you.

Good luck 🙂

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Posted : 09/06/2015 10:54 pm
misterman and misterman reacted
(@halfoyster)
Reputable Member Registered

I would strongly suggest that you get advice from experienced guys here or a solicitor about the details before applying for enforcement. One hasty application might go against you. Always worth writing to Mum first reminding her of the consequences of any breach.

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Posted : 10/06/2015 2:27 pm
misterman, j2, misterman and 1 people reacted
(@dad-i-d)
Noble Member Registered

To Misterman
I have recently had to fill out a C79 to enforce the court order, i have given the ex way too many chances over the years, i used to use a “3 strikes and out rule” i always gave her 3 chances to play fair and comply with the courts order and after each breach i would write to her asking her to stick to the agreements and court order…….after the 3rd breach i would simply write to court and they dragged it back to what i thought was enforce the order.
I now know it was only the courts re-wording the order and not an enforced order.

So C79 filled in with brief outline of the reason for needing the enforcement, copies of proof supplied along with that application. 3 copies to court and one to the ex to ensure i’m doing it by the book.
Position statement and further proof has now been compiled due to her issuing a C1A in retaliation to my C79 application….this statement and further proof i could take to court and hand to the judge and her on the day but i want to ensure the judge sees it before the hearing and can have then the facts to hand rather than her solicitor cause me problems….so my plan is to submit this lot 5 working days before the hearing date and send her a copy at same time…..
On the one hand yes it gives her time to prepare but on the other it will show the courts the truth before she can try and muddy the waters.
Also the evidence i’ve got on her lies will almost certainly make her solicitor worry about getting paid!

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Posted : 10/06/2015 8:18 pm
misterman and misterman reacted
(@misterman)
Active Member Registered

Thanks for your advice, I am scared to death of going back to court and the contact order being amended to reduce contact, but my ex has breached it on over 20 occasions on the past 18 months. I never understood the saying "the law in an [censored]" until I left my wife and she refused to allow contact, after spending all my savings taking her to court and standing up in a court on my own after my funds ran out and facing a state funded solicitor and barrister I can honestly say I now understand the saying.... Has anyone has a positive outcome to a c79 case?

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Topic starter Posted : 10/06/2015 10:59 pm
(@dadmod4)
Illustrious Member

To be honest, with so many breaches, would any reduction in contact make any difference? Having said that, I can't see that a court would reduce the amount of contact based on your wifes behaviour, so I'd certainly go for it.

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Posted : 11/06/2015 12:13 am
misterman and misterman reacted
 1626
(@1626)
Noble Member Registered

The idea of an enforcement hearing is simply to enforce the order and make the respondent comply with it's terms.

If either party wishes to vary the order, they can make a verbal application to do so at the enforcement hearing and it's up to the judge if they will consider the requests or not.

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Posted : 11/06/2015 1:31 am
misterman and misterman reacted
(@misterman)
Active Member Registered

Filling out the form section 7b states "An order for compensation for financial loss" I have been informed that an N1 is required to claim costs and by this I mean the £215 for my submission of the c79. Can I use the c79 instead of an N1 this would save the cost of the N1?

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Topic starter Posted : 11/06/2015 10:34 pm
(@misterman)
Active Member Registered

Can anyone help me with this question please?

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Topic starter Posted : 13/06/2015 7:44 pm
(@Nannyjane)
Illustrious Member Registered

...no you don't need to fill out a separate form just fill in section 7b. You can also claim for things like travelling expenses as well as the application fee.

Here's a link to some info about it....the last tab "What happens in court" makes mention of financial loss.

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

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Posted : 13/06/2015 11:54 pm
misterman and misterman reacted
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