[Solved] failure to attend enforcement hearing

Hi, it is hard to say due to not knowing the full circumstances around the case, however, the courts can and will issue the penalty if they see fit. Again this will depend on a variety of circumstances such as previous hearings, rulings, orders etc.

If she does not attend then it doesn't look good on her part as she hasn't attempted to defend herself or show up to a hearing regarding the welfare of her child. This again also depends on her circumstances for example she may not be able to attend the particular court due to safety etc.

If you are given residency then a new CAO should be drawn up as the circumstances around the case will change and there will need to be new contact arrangements put in place etc. The courts tend to include contact with both parents where possible and you will be more favoured if you are in agreement with this as opposed to it.
Hope that helps

Hiya,

Thanks for your email=- in the meantime (after writing the above post) we have received an email from her solicitor stating the client has requested a change of court that is in the vicinity of where the children now live (even though this fact alone breaches the current order- as supposed to give notice)

She is also reverting back to the old games of pretending to be a victim of DV - which has been kitewashed at earlier hearings. Also we wonder how us going close to where she lives rather than the current court that is kinda as central between both parties as its going to get would be beneficial even if she was pretending to be intimidated!

Any information of how we could get it to remain in front of a judge that we have previously seen ?? the date is also listed as they have only filed their c2 today so have not even got a proposed court date

we are also concerned now as the current cao will potentially not be suitable for the children due to the distance they would have to travel back to the other party the day before a school day... this also limits any future contact arrangements.. we have continual proof and ss reports that say she is a child abuser but yet the children remain with her..ahhhh part of me basically has advised my partner to say we want residency and to not agree to anything else-- i know this seems blunt but the proof is in front of the eyes of the people in power and i am worried about the safety of the children, im not sure what options we have. to be fair we are not even aware, as yet, of her 'reasonings' of why she has stopped contact - i would imagine its as the children want to live with us and her mental health cannot cope with that

any ideas and thoughts would be appreciated.. due to be back in court in the next few days

thanks soo much

Hi there

This is an unfortunate turn of events...she is within her rights to request that it is moved to a court nearer to her, I think the best thing to do is to email the current Judge immediately and explain what has happened and ask that it be kept in front of her as she understands the case. Reiterate that moving it to a court nearer to her would send the wrong message, she has breached and moved without notifiication, is dragging up issues of DV allegations that have been dealt with previously and the cour current court is equidistant between you both....giving as many reasons why you want it to stay where it is.

Best of luck

Don't forget also to add to Mojos advice that Judges do travel between several courts over a surprising geographical area. On a £102,000 a year plus salary its expected.

Hmmm... As an after thought they are likely 99% empty threats. Also regarding the school, as long as they are returned at a reasonable time there should be no issues what so ever. Continuity isn't an important thing for the children according to court and cafcass and I dare say reading between the lines you know that to be true

Well today was the second enforcement hearing and once again the ex was a no show....however she sent a legal representative (a solicitor that new nothing of the case) , the judge was furious that the ex hadnt gone to court and has granted me interim contact while my ex prepares a statement for the next hearing and has also ordered that cafcass do an unpaid work assessment on my ex , does anyone have any info on this ?

The judge seems to have the measure of my ex already and was very firm in the fact that she needs to attend the next hearing

Hi bd,

Glad he was furious.

The assessment is for cafcass to look at the suitability of unpaid work eg its impact on the mother/children. In my experience cafcass often conveniently fail to carry out a sufficient assessment (or any) so make sure as well as the documentation you email them too adding you would like to remind them to ensure the direction is complied with.

New date in a fortnights time?

unfortunately not the next hearing is mid October and the ex has to submit a statement by end of September then i have to reply within the first week of October

from the judges current responses i would be surprised if cafcass could get away with dodging doing the assessment as i believe for once this judge means business

im actually in the process of making a bold move which may go well or may look bad on me , im writing a letter direct to the judge erging the court to consider a change of residency

Nowt wrong with that