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Enforment order pla...
 
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[Solved] Enforment order placed now Ex has filed a C1A form

 
(@gorby)
Estimable Member Registered

Hi There

I have a court date for an enforcement order at the end of the month, Today i received a letter from her solicitor stating my ex has applied to court with a C1A form its states that ive been abusive and putting my childrens lives in danger by feeding them pizza, Its also saying my eldest does not want to come see me and she wants to vary the order to no contact! my youngest she wants me to visit her in contact centre again ive already been through this, Im really worried now, It also states she wants to attempt mediation.

There is a form attached to this for me to fill in response to allegations of harm! Who do i send this back to when filled in? Her solicitor the court or do i take it to court with me on the day???

Best Regards

Quote
Topic starter Posted : 06/01/2017 2:49 am
(@justdad)
Estimable Member Registered

Did you expect it to become "sensible" all of a sudden? Once a solicitor is on the case the crazy allegations never stop.

I don't mean to laugh at your misery but I did chuckle at the "killing them with pizza" - is it concrete or something?

My ex threw similar rubbish my way in court when I filed a C79. The judge just laughed at her and dismissed both applications but varied the order to give me an extra 3.5 hours at the time.

Don't worry too much. You do need a good position statement to take into court - if you need help with that I'm sure we can all chip in.

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Posted : 06/01/2017 4:06 am
gorby and gorby reacted
(@gorby)
Estimable Member Registered

This is how crazy she is unfortunatly lol, Will the court throw my enforcment order out and deal with her allegations of abuse first ? She applied to court nearly 3 week after i applied for the enforcment order

Best Regards

ReplyQuote
Topic starter Posted : 06/01/2017 4:27 am
(@justdad)
Estimable Member Registered

Hard to say, I had a district judge.

They will look at both applications and should be able to see hers is nothing more than a reaction to yours - let's be honest, if she had these concerns why did she wait until your were enforcing to raise them?

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Posted : 06/01/2017 5:18 am
(@Sheen)
Active Member Registered

Hi

Sorry to hear you are going through this. I have just been through exactly the same scenario and everything went in my favour. I applied to enforce staying contact which had been going on for quiet some time and very well. Her solicitors then advised her to file a frivolous C1A form, requesting for contact to be once a month in a centre for one hour. I brought strong evidence of her conduct and apart from what she was saying, she brought absolutely nothing. The court court not do anything but order that staying contact resumes asap and as for her allegations, the court ordered Cafcass to do those checks but while contact was going ahead as per the previous order.

You will be fine. You do however need a strong statement for the court setting things clearly for the judge.

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Posted : 06/01/2017 5:27 am
gorby and gorby reacted
(@gorby)
Estimable Member Registered

Thanks All

Sheen

What happened to your ex then for breaching the court order?

Best Regards

ReplyQuote
Topic starter Posted : 06/01/2017 7:44 am
(@Sheen)
Active Member Registered

They did not enforce the order, they don't like doing that unless its happened a few times and the court feels they have no other option. They are lenient to them. The judge asked me to agree to dealing with this through settlement and she warned the ex strongly of consequences if she broke this one.

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Posted : 06/01/2017 9:17 pm
(@dad-i-d)
Noble Member Registered

The ex filing the C1A is a typical thing.....my ex did it after she received notification of my application back at the start of all this several years ago and when I've had to look for enforcement and variations to the orders I've had in my favour.

I have been lucky in that I could prove each one that her allegations are just lies and smoke screens to delay things and damage the relationship between my child and I.
however the courts will have to address the allegations to ensure the safety of the child/children.
they may well see that the allegations are nothing more than a reaction out of spite but if there are any that suggest a risk to the child then they will order CAFCASS to investigate and report.

that then is a total 50/50 chance with them....I have the evidence and proof to show the ex's lies and delaying tactics....I have one CAFCASS officer from 2010-2013 saw them as plain as they were and recommended no issue so contact is in best interests of the child.
the latest also saw through them however went totally against the previous officer and suggested no direct contact to give my child a break due to the length of time i'd been taking the ex through courts.

back to square one and expecting same sort of cr*p over the next few months.

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Posted : 10/01/2017 4:54 pm
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