[Solved] time for enforcement, any help or guidance please

I'm not sure whether she'll get legal aid again - I would think that since the case was closed, then she would have to apply again, but I'm not sure. Hopefully someone with more legal knowledge will pop on in the next day or so to help answer this more fully.

I'm going through the same mate I got a message yesterday saying contact will now stop. If it any use pm me and we can try help each other through this

gorby, ive read your post mate, and sympathise with you, its a shame that they have to result to and stoop as low as manipulation.

All i can say is never give up, as your child grows up and can think for themselves they will realise whos the one causing problems.

A mate of mine at work went through it to the point when his children were 12 years old they realised how evil their mother had been, walked out on her and came to live with him...there is light at the end of the tunnel.
try and get your daughter to talk to you and find out what the issues are.
As far as the breach goes, get C79 and once there is a breach of order. re apply

The form does say the the court must be satisfied beyond doubt there has been a breach , In my case i have text messages proving/stating contact is not taking place aswell as the forced blackmail demand to change the pickup location so i think its beyond reasonable doubt that there has been more than 1 breach.

part 7b on the form states why are you applying for an enforcement

iv provisionally typed the 3 reasons why im applying for the c79, but from what i can see it wont fit in the box if i hand write it in

1) contact didnt take place on.....i received a text 5 mins before pickup , i tried to reason and explain that failure to comply will return to court ...received a text saying [censored] off do what you want
2) on ....date, received a text stating respondent will no longer be attending the location on court order for pickup and drop off, if i wish to see my son i must come to the new location as stated/chosen by respondent. again i tried to remain amicable and after consulting with the a silicitor and the police regarding blackmail i compromised and agreed to the nursery as the new location in order to remain having contact with our son.
3) on .....date i received another text stating i would not see our son this weekend as he was doing something ( a task which would take max 1 hour to do and she had all week to do it).

i summarized it by stating that i have remained patient and amicable and tried to compromise but the repeated disruption to contact is not good for my son has left me no choice but to bring the matter to court for enforcement. I stated i have evidence of text messages to prove the contents of my statement if required.

if i cant fit it in the box can i put in the box there have been three breaches of the order in 4 months, please refer to attached document overleaf for details.?

will be submitting forms tomorrow so please let me know

also regarding financial compensation.
Can i put on there that i will seek compensation for the enforcement fee of £215 as the respondent has caused me to lose this money as a result of the breach?

I would just write that there had been three clear breaches in the space of xxxxxxx denying contact and having to change pick up location with out negotiation.

You can go into more detail in a Position statement that you can take to the first hearing with you.

I can't remember if there's a section on the C79 for asking for costs, but yes you can ask.

HI There,
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I think as said above that you put a brief outline in the box asking why you are applying to court, when I did mine some years ago a brief outline of the issues wouldn't even fit in the box, so I typed it out on a seperate sheet pf paper and refered to it in the box, for your enforcement though as Mojo has said just outline what has happened and state you have txt to back up that your ex doesn't plan to comply and that these can be supplied.
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I would transcibe the txt messages onto paper, ensure you transcribe your side of the txt conversation as well to show you aren't hiding anything, this would be easier to submit in court if and when needed.
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GTTS

ok, thanks

I didnt see the reply in time as i was at work and rushed back to submit before it closed.
i have submitted the c79 today . What i did is in box 7a where it asks reason i put there have been three breaches in 4 months. and that the repeated disruption to contact is not good for our son. i also put please see the attached page for details.
so i typed a separate sheet of paper putting 7a continued , undid the original staples and stapled it after page 7. 3 paragraphs (1 for each breach) stating date and what the breach was and what happened. and the outcome i.e either no contact or change of location.

at the end of the page i put i have remained patient throughout, tried to be amicable and compromise to avoid returning to court and disrupt contact but have no choice but to return to court for enforcement as the respondent feels she can beach the court order as and when she feels necessary, ending it stating i have proof of text message conversations with the respondent to varify the above and these can be provided to court if required.

i wasnt sure if the costs of enforcement could be awarded in my favour so i left that out. If the enforcent is successful then its money well spent and its for my son so i dont mind. Also the notes regarding financial loss statee.g claim for money lost due to a holiday cancelled and doesnt mention cost of legal expenses due to breach.

i rang the court office and was told to drop in 3 copies along with a cheque and i should hear within 10 working days. so thats what ive done.

fingers crossed now , hope the judge sees shes making a mockery of the system and acts on it

i will put the screen shots on separate paper ready if required

Hiya

At enforcement hearings, it's good to have copies of evidence with you and mention you have this in your PS.

Your hearing should be listed within 4 weeks as it's a slightly shorter timescale for enforcement.

You can ask for costs but they're rarely awarded. The only times I've seen them awarded is when a breach has prevented a holiday taking place and the applicant has lost their money.

Good luck

i have the evidence to take with me
Ive followed the court order exactly and in these three breaches remained calm and patient aswell as comprimised to change the locations when forced to .

So hopefully the judge will understand that there is nothing else left for me to do.

I also not gone into pointless texts or making threats as that would go against me, only thing i said is if you breach the court order then we will have to go back to court and let the judge sort it out.

whats if likely to be the best and worst outcome?
best im assuming would be she gets a fine or community service order..
whats worst case?