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going to court for ...
 
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[Solved] going to court for an enforcement order

 
(@jimmy36)
New Member Registered

I am attending court to enforce a court order that's in place for over a year and my ex has broken that order twice. I have also applied for residence order. the children always cry when I take them home and say they don't want to see mummy my eldest who is 3 hides in the house and makes excuses not to go back it's very worrying. I am I bit nervous as my ex has started making accusations about me which are totally untrue. she has made a statement to cafcass. I too have made my statement to cafcass. they have now told me due to there report they have had to send their report to a higher body. I don't know what to expect in court as I am representing myself my mother is going with me as my Mackenzie friend. can you give me any advice

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Topic starter Posted : 17/05/2014 12:52 pm
(@Nannyjane)
Illustrious Member Registered

Hi there

It's always distressing when children display anxiety, all we want to do is protect them so I can understand why you felt it necessary to try and go for custody.

I assume that your relationship with your ex is strained, she has probably made these accusations because she feels you are questioning her abilities as a mother by taking her back to court, not only for enforcement but to take the children full time...this is a common theme.

As far as the enforcement goes there's not a lot that the court will do this time around in my opinion....generally there has to be continual breaches over a long period of time before the court will act. They see punishing the mother as having a detrimental effect on the children, so are often loathe to act.

As far as the residence order is concerned, it is now called a Child Arrangements Order, I have to be honest and tell you that unless there are serious risks of harm to the children it's highly unlikely that the court will grant the order. A lot of children suffer separation anxiety and this may be the courts view of what is happening.

There are some videos at the top of the Legal Eagle section about going to court and what to expect. It's good that your mother has been allowed to attend with you and I'm sure that will help. As you have been to court before you should have some idea of the process and as CAFCASS feel there are issues, the court may order more in depth reports form agencies such as Social Services, police etc.

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Posted : 18/05/2014 3:09 pm
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