[Solved] x partner breaching court order

Hi there

What did your solicitor apply for... a Prohibited Steps Order or enforcement?

Generally stopping contact isn't considered an emergency, the court see an emergency as there being a serious risk of harm or removal from the country, your solicitor should have known his.

The system should deal with enforcement applications quicker than applications for contact etc. In the CAP guidelines it states that they should be listed as a matter of urgency, but you have to bear in mind how busy courts can be.

If you have already an assessment and there has been. O involvement with police or social services, it's unlikely she will get the full assessment she is demanding.

If you are struggling with solicitors costs, you can self represent or look at using a McKenzie Fiend to advise and support you.

Many dads here have self repped and have done so with much success. There are some good MFs, but you must be careful when selecting one as there are a few less than able MFs too. If you would like a recommendation we may be able to steer you in the right direction. Depending on where you live.

I'm going to delete your duplicate post, it can be confusing if there are replies on both posts...better to keep it under the one thread.

All the best

an enforcenet...Apparently they said to the x that she should apply for a variation of the order, but not having that
I would have to take it back to court at my cost......
its all she said he said petty claims
but i'm not seeing my son and I feel like stopping my csa which I have never missed
how can women just breach court orders
why isn't she liable for arrest.....
my solicitor advised if I pick him up from nursery the x could have me arrested for breaching
its just not fair on dads that want to be in their childrens life

Please don't stop CSA payments, you will get into arrears and may have large amounts taken directly from your wages. You are liable to pay CSA whether you have contact with your child or not.

It's not a criminal case, so arrest isn't an option. You are dealing with a civil not a criminal court and the rules are much different. However if you were to take your child without the resident parents permission it would be considered as abduction. If you have a court order in place, I'm sure it states that the child lives with the mother and has contact with you....this is enough for the police to remove him from you and return him to his mother, as the resident parent.

Your solicitor is right to advise you not to remove your son from the nursery, you will make your situation much harder and give her good reason to say that you shouldn't have him in your care...the courts take a very dim view of this type of action.

ok thanks but I'm desperate to see my son
just seems unfair that a bitter x feels the need to stop my contact,
I hope the judge can see its mother using a child as a weapon
i'm a good dad and he loves spending time with me as I do with him
system seems florred to me

Why don't you request through your solicitor that contact be resumed in a Contact Centre in the short term, at least until the hearing. It's not ideal I know, but at least you would get to see him and spend time with him, by the time it gets to court you can show that there are no safeguarding issues and th court can then put an order in place to resume normal contact straight away.

Here's a link to the Contact Centre website, you can speak to them and also self refer to a Centre near to your child.

www.naccc.org.uk

All the best

Best of luck

Typically how long does an enforcement application take?
The solicitor has told me that the judge has made an order
and until such time as we receive the order he made last Friday and the date of the next hearing together with the paperwork to serve on my x
we cannot do anything over and above what has already been done

...that's slightly confusing, as I'm assuming you and the solicitor were in court on Friday and should be aware if there was an order made and what that was.

If it's just a case of waiting for the court paperwork and the next hearing date, you should hear within a week or two. The hearing date should be within 20 days of the application but because the courts are so busy this may not be possible. It's generally understood that enforcement hearings should be moved forward more quickly and you can ask your solicitor to remind the court of this fact.

Here's a link to the Child Arrangements Programme (CAP) and if you scroll down to the paragraph about enforcement you will find reference there to the 20 day limit which you can quote to your solicitor if there are delays.

https://www.justice.gov.uk/downloads/family-justice-reform/pd-12b-cap.pdf