[Solved] She is not obeying court order

Hi There,
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I'm not sure how you would go about this one, In theory you would return to court for an enforcement order as she has broken the order.
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I would say that if you are concerned for the childens safety then you could stop contact.
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Depending on how long ago the order was written it may be worth writting her and offficial letter warning her that if she doesn;t fully comply to the order that you will stop contact and if she wants to re start it she would have to take you back to court and thayt she would have to pay the fees.
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GTTS

Hi there

If Social Services were involved during the court case, you could contact them to discuss your concerns, asking them to log them.

As GTTS says, a lot depends on how long ago the court order was issued, if it was very recently you could try writing directly to the judge that made the order and explain how quickly the order has been breached and the risk of harm your children are being put in because of it. You would then ask if the case could be reopened and bought back for urgent new directions. The judge has discretionary powers to do this.

You can do this by email, making sure that you indicate that it is for the attention of the judge in question, it should then get to him/her.

If the court aren't prepared to do that, you have a couple of options -

1. You can do as GTTS suggests and write to her formally, pointing out that she is in breach and her actions are putting the children at risk. Ask her to comply with the order or you will have no choice but to suspend contact, or insist that contact takes place under supervision, with no overnights This would then force her to either comply or risk having her contact with the kids stopped or severely restricted. You would be in breach, but if there is good reason for you taking that action, to protect your children, this would be acceptable to the court if she were to apply for enforcement.

2. You can apply for a variation of the existing order, this would be the best course of action if you wanted to try and reduce her contact and have overnight stays removed from the order. Generally you would need to attend mediation, but you can make an urgent application, citing the risk to the children and the breaches of the current order and by doing so, mediation would no longer be a requirement. If you chose to do this I would also advise submitting form C1a with the C100 form to tell the court about the risk of harm to the children.

All the best

Thanks for your kind support will keep you posted on the out come, the hearing took place in November and the judge made the ruling in December and 13 days after the order she broke the order one of them was not to have any adults be it male or female in the house unless I was given prior notice to which I can object namely boyfriend or to be using mobile phone whilst the children are in her care.
I have written to the judge but have not received any answer, after my posting here I have called the courts and they say I should enforce the order now filing a C79 form,

....I didn't mention that you could apply for enforcement, as the issues you are experiencing concern your childrens safety....but of course, you can apply for enforcement as she is in breach...Enforcement is usually used where contact has been stopped after a court order has been granted, but technically she has breached the stipulations.

How long ago did you write to the judge? As the order was only made a couple of months ago, I'm surprised you haven't received an answer from them.

Best of luck