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Right long story short been to court already twice once to get my son back an again on enforcement.
Ex again has continued to break the court order even after being warned by a district judge she faces a custodial sentence if she continues with her behaviour.
It now looks like she's stoped contact again an looks like I might have to go back to court but this will be the 3rd time in just over 12 months an will be 2nd enforcement proceedings.
Is this just going to be how it is till my son is 16 or are the courts going to stand firm in what they say because my ex has no intentions of complying with this court order.
Last time we went cafcass backed me over her which I was very supervised about but now 13k later am struggling to keep up with the fiancé of what this has cost me an if I do go back down the enforcement route is it going to be worth it.
Thanks
I would say it's definitely worth going back. Given the previous CAFCASS recommendations and the warning from the District Judge, this should be taken seriously. If you are concerned about the cost, you could represent yourself or consider using legal assistance for just part of the proceedings. Maybe attend the first hearing without a barrister / solicitor and get legal help further down the line?
What are the chances of getting a change is resident as she is never going to follow a court order she has clearly shown that from day 1
I'm in the same boat just applied for 3rd enforcement order and my ex has ignored court orders all the way through I represent myself which although not ideal is definitely my only option and it's not too bad.
How can it go so far with enforcement surely once they brake it the second time there clearly showing there never going to follow the court order?
How has it turned out for your case an how did the judge see it the second time?
Unfortunately it's impossible to predict outcomes....if you have to put in another enforcement application try and request that the case goes in front of the same judge that issued the warning.
How long ago was the last enforcement case? You could try writing directly to the judge (the one that issued the warning) that sat at the last enforcement hearing and ask if it would be possible to return the case to court for new directions, as the mother has continued to breach, despite the warnings the judge gave.
Best of luck
Was only June 16 that the last order was made, an my case is on emergency recall with the same district judge so once my application goes in it will revert straight back to him.
What chance do I have with regards a flip of the order because ya been told it can happen but surely this proves she never going to follow the court order nor is she will to allow persistent contact which indirectly is effecting my sons emotional welfare an causing him to now have insucurites because of his mothers actions
That's positive. You can request that residence will be transferred if she continues to breach, the court can also make a transfer of residence as part of an order if she continues to breach. The judge can also suspend transferral of residence, to be implemented if she breaches again....along with non paid community work, fines or prison as a last resort.
It really does depend on the strength of will of the judge, to be fair the judge you have dealing with this does seem to be pretty proactive in that regard, so hopefully he will control the proceedings in a firm way.
yer that's what am working towards full residency as she is using any excuse that comes to hand to interfer with contact
agree completely with Mojo - I would be asking that residence is transferred if there is another breach. Nobody can predict an outcome for you but the judge sounds like they are clued up on this. Keep us posted on how you get on.
Best of luck
Just got my dates for court but have been given two one for settlement hearing an a directions hearing in front of district judge.
1 what's it a settlement hearing never had one
2 I have put in for residence of my son will this be herd at the first or second hearing?
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