[Solved] Re applying to court

Hello,

If a court order has already been made then i think the form you need to fill in is a c79 to have what the courts ordered enforced. If you want to change the existing order then i believe it is the c100.

In regards to the video don't count too much on it. It is totally at their discretion if it will be allowed as evidence.

Hi

You need a C79 for Enforcement as said above. Enforcement hearings are supposed to be listed within 4 weeks and don't require attendance at mediation first.

In respect of her trying to hit you, you may or may not be allowed to present that as evidence but I wouldn't count on it too much.

You could contact the police on 101 regarding this incident but they make take legal action against the mother depending on what the footage shows.

Thank you for you re replies.

I do want to enforce it but also want to ask for more time as 6hrs is a very short time.

Can i do both and fill in just a c79?

Thanks guys

Not sure about the form you need, hopefully someone with better knowledge can help on that.

Regarding the video, there's not guarantee you can use it, but I'd have it available anyway - if you can edit video, I would keep the original but also create another file with just the bit in question, that way you have the option to show either if it comes to it.

Hi there

You can apply for both using forms C79 for the enforcement and form C100 to vary the existing order. You can try applying for enforcement and include wanting to increase contact on the application form, or ask for it to be considered in a brief position statement that you can hand in at the first hearing.

If the particular court you use are sticklers for procedure they may require you to make an application to vary the original order using form C2, which will allow you to make a further application during the enforcement case.

This last week she let me have my daughter but the week before gave me no reason apart from shouting.
But i still want to go court again.

So from what i understand i should do a C79 and try ask for more time through that. And if they deny i can make a c100 or a C2.

But how can i fill 2 forms and hand both in?
Wouldn't it mean i would have different hearings.
One for the enforcement and one for trying to get more time.
Or will they use both forms in same hearing?

Thanks guys

Hi

You just fill out the C79 for enforcement. Mention the extra time in your position statement and the court will decide whether they will accept a verbal application or require you to complete a C2. If they want a C2 you would complete this after the first hearing for consideration of the matter at the second hearing.

If it's all quite straight forward, the court might just deal with it all in one hearing. It really is up to the judge on the day.

Good luck

My ex now saying that she spoke with her solicitor and that they decided that im not good at providing my daughter with medication as she is poorly at the moment. Which is massive lie. She also saying that i have to choose to have my daughter 4hrs one day and the next day 2hrs. Because im alowed for 6hrs.
I told her that im not doing that and that i will be there on the day court said and pick her up for 6hrs as court mentioned.

Last week she let me have my daughter. The week before she didn't.

I been busy at work doing long days.
So today im going to start my application C79 and hopefully tomorow i can hand it in at court.

Can she actually make me have her 2 different days and if she says if i dont i wont see her. Whats the best way of goong about it?

Thank you.

If you have an order that says 6hrs a day, then she can't change it without being in breach....even if she was unhappy out the medication issue, she can't just stop contact, she would have to apply to vary the order.

Because i work 3 days then 3 off.
The order says to make sure i spend 6hrs with my daughter in the 3days i have off.
We always just had the first day the whole 6hrs.
So now she wants to change it.
She keeps saying that she has been to solicitors and social services.

In the c79 form it asks about why im making the application.
Which i can answer no issues there.
But also asks about last time i seen my daughter which at the moment i have been seeing her.
She did break breach, but now is gone back to normal( well kind of).
Im not sure everytime i go to pick her up if i will have her or not.

Thanks to everyone