[Solved] What to do next ex broke court order

Hi

Not one I have any experience with, but take a look at forms C78 and C79 on here: http://www.thecustodyminefield.com/

They sound like the ones you need.

Hi luvthekids,

Firstly, is this the first time that the Order has been broken by your ex? If so, its quite unlikely a Court would actually impose anything of a serious nature against the mother.

You are correct when you say at 7 the order must stand. Your wife is seriously in the wrong by saying she has a choice. Yes she has a choice about some things but your wife should be supporting the court process.

As actd states you will need to have a C78 attached to your form. Specific to this area from the Custody Minefield is this page:

http://www.thecustodyminefield.com/19.html

Hopefully this will help, you cannot have an order enforced until this warning has been attached to the Contact Order (that is currently in place). From here once another breach (or 3) occur, then a C79 can be completed.

Keep us posted 🙂

Thanks for the posts..

To answer the question, she has broken the court order before with regard to my son but he is older now (15)- he wasn't at the time old enough really but still.
Re my daughter - She regularly breaks the order in minor ways such as no phone contact which I had put in the order. It states a private conversation I even got my daughter a phone and in over a month I've only spoke to her on it once, through it being off or on charge. Then she is not available on any other no. Also with regards to school and docs etc she is supposed to tell me stuff but does not. Although I do get stuff from the school etc.

This is the first major breach in relation to my little girl.

If i wish to make an application for a warning notice to be attached to a contact order, does this mean I have to go back to court or is this a simple application that will be attached to my existing contact order (prior to dec 2008 change. )

Hi luvthekids,

You are free to bring an application to the court. As it is only a C78 you are attaching (remember to be specific) and this will come before a Judge who will then make a decision as to whether or not to have this Warning attached to the Court Order.

There will not be the need to attend court at this point. In very rare circumstances multiple applications made "may" require an attendance however at this point it is likely that Court appearances will only be needed as and when an Order is needed to be made enforced. Yes this will be attached to your existing order.

If she has broken the Court Order previously and provided it was recently then the application would be relevant. If this Order is being broken (either deliberately or accidentally) relating to the Phone conversation, this too is grounds to have a Warning Notice attached.

Generally Mothers try (usually with some degree of success) to either miss calls, have the children very occupied or in an excited state or be doing something which affects them conversing over the phone. Examples i've had is: friends around, buying a new toy (at exactly the time), having tea at the specific time, being out at shopping and "forgetting" mobiles.

All fairly common and of course, Judges these days are fairly well clued up as to being able to see through these excuses.

As it is a major breach (technically) then yes you would be welcome to make an Order. Sorry if some of this is information overload.

Thank you very much for the info.
that is exactly what i needed to know.

Your correct with the phone calls - she set the time for me to call then they always have dinner at the same time!, plus she often has mates round or is out on the days i should call.

I will make an application in regard to this and the more important miss contact.

Thanks again.