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Hi,
New here, but just wanted to hopefully get the answer to a important question.
I got a final order for contact in October 2014 - which was great - and then unfortunately my son's mother stopped me seeing him and cut all contact from Feb 2015 until April 2016 when I took her back to court due to myunderstanding she had broken the contact order (advice given by the court) - I had to pay £200+ for th e'privilige' to take her to court only to find out when I got there that it was only a hearing and I hadn't needed to pay any money - also didn't know I could claim that back until well past the required timeframe.
Anyway the copurt order was updated - new dates put in place and the original conditions of the October 2014 order to be placed.
This howevr has not suited my ex and any opportunity she has had she has changed things around culminating in after bringin my son up to visit me in Scotland (although this was not part of the order - was supposed to be just me and him withme going down to get him etc) - she then changed all the contact dates to alternative dates which were not suitable (and had never been suitable) then accusing me of inconsistency as I explained they were not logical or feasible. My son was also due (as per the oct 2014) order to stay with me for a week in April for easter holidays which I have taken off work - I've now been told that this isn't happening and I have to go down to England and have him for set times --- cher erasonign being he is not old enough to spend time alone with me in Scotland (he's 5 nearly 6).
I explained to her that this was not what is in the order SHE agreed to - and also brought up the matter of my son saying to myself and his grandpa that he was soon to be known by her new partners surname in England.
Her response to this 'well hes old enough to make his own decisions regarding his name' - I laughed at this old enough for that , but not old enough to come to Scotland...hmmm.
Yes its probably clear his desire is to get me out the picture - but I've also now had her asking fo rmore money from me directly - rather than through the CSA - when previously she had been more than happy with what I was paying (maybe its cause she has a wedding to pay for?)
So i'm in a situation where I now full well whats shes upto , but I'd rather go back to court for an initial hearing to sort out the ins and outs of the order and it made to clear to her in black iand white with clear consquences for her chanign dates...however I can't afford to use a lawyer and certainly don't want to be stung by applying for an enforcement order again when there is no need.
Can anyone recommend the correct process for just getting things back to a hearing at this stage?
Thanks in advance
Hi there
By changing what has been specified in the order she is in breach and the only option to sort this out is through an application for an enforcement order.
Generally once a final order has been produced the case is then closed, if one or other of the parties breaches the order very soon after the order is made, it's possible to write to the judge that made the order and ask for the case to be bought back for new directions... judges have the discretionary power to do this, but some will just direct you to re apply.
It's possible to self represent, many dads here have chosen to do this with much success and we are willing to advise and support members through the process.
As you live in Scotland you would need to apply to a court near to where she lives, you probably already know that. Mediation would also need to be carried out at her location, although with enforcement applications mediation isn't a prior requirement.
As you also know, the form you would need to apply to court for an enforcement is the C79. If you are on a low income or reviewing benefits, you may be entitled to an part or full exemption from the court fee and would need form EX160 to apply for this.
If you make an application you should request that it be heard quickly because of the situation of the changes she is making for the Easter holidays.
All the best
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