[Solved] Very new to being in this situation - advice need

Hi there

If you look at the bottom of the order that you were awarded 2 years ago, there should be a warning notice attached to it. If the conditions of the Order are breached then you can return to court to ask for the original order to be enforced....so in a way the enforcement application is all about the original order.

You can have someone to help you, these are called McKenzie Friends. You have to write a letter to the court asking for permission but this is generally accepted. Some courts don't like the MF to be a close family member, some are ok with that. If you wanted to use a family member, as long as you gave yourself plenty of time from when you sent the letter in asking for permission, if they said no you would still then have time to find someone else less closely attached to you.

You can at any time during the court proceedings have a solicitor act for you. The solicitor would write into court to tell them of the change.

As your child is 15, she can write a letter into the court and her wishes will carry a lot of weight. If your daughter wants to go and your ex is obstructing this then you could try child inclusive mediation. The three of you and the mediator would sit down and try to resolve the issues your ex has and hopefully reach agreement.

It really depends on the individual court , the wait is roughly 4-6 weeks but could be longer...even less on occassion.

When you make the application you can request that the first hearing be listed with the same judge, but you can't bank on it.

Excellent advice from NJ 🙂 I would just add that if the holiday is planned for a specific date, detail this in the application so that the court know when the issue needs to be resolved by.

I've heard of cases where a mother has refused to handover passports with only a week to go before a booked holiday and the courts have given urgent hearings to resolve the issues. Good luck.

Thank you very much for both your replies, having advice from people who knows is very satisfying. I hope you don't mind if I pose more questions?

1. On the form titled Enforcement Order or number C79. Am I allowed to add a extra piece of paper to explain the reasons for my application. On the form I see two boxes to fill out

2. I am worried that by taking this action the court may change the original ruling is this a risk?

3. Will the court be angry if I request a urgent order if it's about a holiday in July?

4 what can the court do to stop her from continuing to breach the order at her choosing?

5. Can I use the email trail in my application or any other evidence?

6. Should I attach the original order?

I am sorry I have so many questions and do thank you for any advice

MGF

I'll leave 1626 and NJ to answer the specific questions as I'm not sure about all of the answers.

However, what does your daughter think about all of this? I presume she wants to go on holiday and isn't too happy with her mother? It strikes me that if her mother is refusing, but the court order states that you can take her on holiday, then can your daughter get hold of the passport (ideally now) and give it to you ready for the holiday, and then simply go with you? Ultimately, if this happens, what exactly is you ex going to do about it - after all, you've simply complied with the order?