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[Solved] Enforcement order but no money

 
(@Lee101)
Eminent Member Registered

Hi guys

My ex is giving me the run around when it comes to me having my 2 children. Its very much, she decides the children can or cannot see me

We have an order in place where I am meant to have the children 3 Saturday's out of the month and one of these weekends the kids sleep over

But if the kids have a party or something planned with friends she decides the kids are not coming to my house.

This is happening more and more even though we have an order and she knows shes breaking it but doesn't care. I phone the police each time the order is broken and have let court know but nothing is happening and the kids are missing out seeing me 🙁

I know you can apply for an enforcement order with the court but its £215 and its money I haven't got. Is there anything else I can do or apply for or even get help with the cost? Im considering crowdfunding on just giving website but cant see many people donating

Quote
Topic starter Posted : 16/10/2017 2:10 pm
 Yoda
(@yoda)
Famed Member

Hi

You can look at form EX160A to see if you qualify for help with fees.

Other than making an application for enforcement, there aren't any other options available to you.

Have you written the mother a letter to state that if she continues to breach, you will take her to court.

Parties are a tricky one - you don't want the kids to miss out, but it shouldn't mean stopping your contact......you could take them to the parties they have been invited to, or at the very least drop them there with mum and pick them up at the end if it's a family party for example.

ReplyQuote
Posted : 16/10/2017 2:26 pm
(@Lee101)
Eminent Member Registered

Ok thanks Yoda. I will look at EX160A form but me and my other half both work full time so not sure we would get help with fees but worth a try.

Yes I have spoken to the mother and she says she doesn't care take her back to court. Its because there are no consequences and she knows she can get away with it.

I have said I can take them to party and pick them up again but she just refuses and says no

ReplyQuote
Topic starter Posted : 16/10/2017 2:49 pm
 mkg
(@mkg)
Active Member Registered

This is the problem with court orders. There is little weight behind them so they are flouted. A friend of mine has spent tens of thousands on enforcement orders for no effect

You don't want your children to miss out on parties but it is unfortunately one of the excuses used to cut access.

If you can work with their mother it is the most effective way. I spent 3 years going to court and we hated each other. Now we have a working relationship.

Your children will know who is morally right when they grow up if you put them first.

ReplyQuote
Posted : 16/10/2017 4:07 pm
 Mojo
(@Mojo)
Illustrious Member Registered

If there's an order in place and her breaches are increasing, I think you should look at enforcement. Whilst others personal experiences are important, I can tell you that a strong judge can take firm hold of the situation and can use a raft of penalties to make sure the offending parent adheres to the order. Of course there's no way of knowing what the outcome would be, but it's worth going for it in my opinion.

All the best

ReplyQuote
Posted : 16/10/2017 4:26 pm
(@Lee101)
Eminent Member Registered

Ok thank you mkg I have tried being reasonable with the mother but to no avail.

I think I am going to have to apply for the enforcement order but whether it will work or not I dont know.

It just doesn't seem right that she is always in control

ReplyQuote
Topic starter Posted : 16/10/2017 4:27 pm
(@Lee101)
Eminent Member Registered

Thanks Mojo yes I will apply for the enforcement order

ReplyQuote
Topic starter Posted : 16/10/2017 4:30 pm
 Mojo
(@Mojo)
Illustrious Member Registered

Going it alone without a solicitor is doable, you will need form C79, generally speaking you should get a hearing within 4 weeks of making the application. Enforcement applications should be heard within 20 days, but if the courts are very busy that doesn't happen unfortunately.

ReplyQuote
Posted : 16/10/2017 4:33 pm
Lee101 and Lee101 reacted
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