[Solved] Is it right time to apply for enforcement order?

Hi there

I think your first step should be in the form of a formal letter reminding the mother that she is breaching the order. Point out that the order has only been in place for a month and has been breached on five occasions, with a refusal to agree that missed time is made up. Remind her that the order states that contact should be progressing and in fact the opposite is happening. Include a schedule of increasing contact with the letter and ask that she acknowledge and agree to it within 7 days or you have no other choice but to take matters further.

Give her the week to agree and if she doesn't i would write to the judge that made the order explaining the breaches and ask if it would be possible to return the case to court for urgent new directions. The judge has the power to reopen the case and as its a fairly new order, the judge may agree. If not its likely they will advise you to submit an application to enforce the order with form C79.

All the best for the New Year.

Thanks for the swift response Mojo.

Sound advice - I'll get something drafted to send out on 3rd (to clear the last bank holiday over this period).

Would it be sensible to raise within my request to the court that provision be made for missed contact? I think it would also be sensible to get clarity on a number of key dates like Christmas, Birthdays and Holidays etc. in writing - my mindset is prevention today would be better than having the issue again this year, especially when mother has mad her stance so clear that she will only adhere to the letter, but not the spirit of the court order.

Concerned Daddy.

You could say something briefly... stating that because of the non compliance and the mothers continuing refusal to negotiate with you, that you would respectfully request a more defined order be put in place and some provision made for missed contact. I wouldn't go into any more detail at this stage, but if you have any texts or emails showing her refusal you could screenshot and attach copies to the letter.

If the case is reopened then you can prepare a brief position statement outlining in a little more detail what you would like.

Thanks Mojo,

Fortunately (for the purposes of going back to judge), mother did confirm in writing that she wasn't willing to make up missed contact at all. I also have a full log of all communication between and on each contact date, showing her reticence to keep me apprised of anything.

My concern is that unless it is clearly written in the order, mother will continue on this path of looking for loopholes and its only our child who is really suffering as a result.

Our interim order a few months back suffered from the same issue (with contact expected to progress in a certain pattern and mother delaying for 2 months as the contact centre she wanted had no availability, despite another centre only 3 miles difference having immediate availability). At that point only 20-30% of the envisaged contact sessions actually took place. Again, claiming the child was ill was used as a means of stopping contact during that period.

Long story short, I feel like I have enough historical evidence to show that save for a judge providing even clearer direction, we will make no progress here.

I know my ex well enough to know that even if she agreed in principle today (to stop me approaching a judge directly), we'd be back here again in a month due to her reneging on the agreement.

I think I'd want to write to the judge regardless of her response based on the above, do you think that's ok? Feels like there have been more than enough continued instances of her selective approach to adhering to the court orders.

Thanks,
Concerned Daddy.

...personally I think it's better to try and get it back on track before taking it back to court, but this is your case and if you feel that you would rather just contact the court without approaching the mother first, there's no problem with that.

If you are attaching some communication with the letter I would select two or three that best illustrate her refusal and her obstructiveness....the rest can be presented once you're back in court.

It's better to write personally to the judge that made the order, rather than a more general email....the court office might not pass it on and you could just get a letter telling you case closed and a new application must be made.

Best of luck