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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My ex husband has not complied with enforcement order

Resolved Question:

My ex husband has not complied with enforcement order tranfer house in my name.
What can the next stage
Could he be sent to prison?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
Yes, committal to prison is one of the options of the court. You will need to make a further application to the court regarding the breach of the enforcement order and seek restitution for the breach.
Customer: replied 1 year ago.
Hi my son 18 will be moving in his father's care this week.
When I make application his breached the order.
Will ex not go prison because he will say to couet my son who is 18 he has autism and learning difficulties. That might avoid him going prison
What other option could we take?
Asma
Expert:  Harris replied 1 year ago.
Prison is a serious consideration for the court, and will only be used as a last resort. The court will look at his circumstances and why he has not complied with the enforcement order.
Customer: replied 1 year ago.
Hi the opposing adoption order Hearing is next Friday
All evidenve statement been filed.
The LA, applicants;guardian not supporting my applicatin
Father is not opposing adoptionorders
I have worked really hard for the last 3 years
What are my likely chances?
Also my solicitor will be applying assessment to the judge she has put in application 3 I SW costs hours of the PA
If I am successful
What might my prospect of success?
My boys only been with the Prospective adopters for a year my two were why me over 4 years the attachment is more with me
Many thanks
Asma
Expert:  Harris replied 1 year ago.
Hi Asma, we have discussed this at length previously in your other questions and my information remains the same as before. I will not be able to suggest further what your prospects of success are, although you are now almost at the end of the road and it sounds like you have done all you can do
Customer: replied 1 year ago.
Hi yes I have
But I will appeal if I do not get permission i believe I have to be considered an assesment Atleast I will not give up on my boys
Asma
Customer: replied 1 year ago.
Hi
Opposing adoption can I give only submissions not oral evidence?
How could I admit a finding if it really did not happen?
Asma
Expert:  Harris replied 1 year ago.
If the incident did not happen then you cannot admit to it. If your representatives do not think your oral evidence is required, then matters can be dealt with by submissions
Customer: replied 1 year ago.
Hi Harris,
The hearing is te 1 day myself and guardian to give oral evidence.
If I decide to give submissions will this go against me?
I do not feel confident to give oral evidence because of the findings judge made.
I do not agree to some of them
At this stage would submissions be enough to oppose the AO?
thank you
Asma
Expert:  Harris replied 1 year ago.
In relation to you giving evidence, this should be evidence in relation to the current application and regarding what changes you have made since the previous orders were granted.
I understand past findings were made against you, but those findings have already been made and cannot be overturned now.
Customer: replied 1 year ago.
Hi Harris,
You are right thats all I have to say at cross examination findings made against me I cannot over turn.
Since the orders were made what changes I have.
But I have to accept the findings?
Asma
Customer: replied 1 year ago.
Hi Harris
I am waiting for your response
Thankyou
Asma
Expert:  Harris replied 1 year ago.
You can accept that the finding was made, but if you say it did not happen then you cannot agree with the finding and it would be better not to focus on it and demonstrate how you understand that IF such an incident took place the impact it could have on the children.
Customer: replied 1 year ago.
Hi
SCR will this impact on the opposing Adoption order?
SCR came out the LA should have removed my.children earlier?
Could the LA use SCR against my applicatin?
Asma
Expert:  Harris replied 1 year ago.
Yes, but that would have been disclosed in the care proceedings?
Customer: replied 1 year ago.
The Care proceeding concluded September 13 and the SCR was completed and distrubuted March 14.
After the CO and PO granted september 13
6 months after
Will this affect my application for opposing the AO
Asma
Customer: replied 1 year ago.
Hi Harris,
I am a bit confused why woyld SCR affect my application to oppse and seek return of my 2 youngest boys? If it happened 3 years ago
Are thr chances slim in return of my boys?
Asma
Expert:  Harris replied 1 year ago.
Thanks Asma, I cannot comment on the prospects of success in your application but if further evidence came to light after the care proceedings concluded then the local authority may use it as evidence. Has the trial bundle not been circulated?
Customer: replied 1 year ago.
Hi Harris,
What do you mean by circulated?
The outcome of SCR was the systematic weakness or failings by the LA.
Asma
Expert:  Harris replied 1 year ago.
What documents are being relied on and have the local authority not served their response to your application?
Customer: replied 1 year ago.
They are not supporting the younger children to be returned because of the historical evidence
The changes I have made its not enough
The changes I made there is no evidence because they have not assesed properly being observed witg the children
I think they only protecting their jobs
They do not want a repeat it's in the boys well being and theu have settled they care striving with adopters one year the LA refusing to reassess me
Asma
Customer: replied 1 year ago.
There is no mention of SCR outcome
In there response
Asma
Expert:  Harris replied 1 year ago.
OK, thanks. The only thing you can do now is wait for the hearing. You have come this far and have been successful in reaching this stage.
Customer: replied 1 year ago.
The LA, guardian support the adoption orders. Father is not opposing the AO
The applicants want the orders
I am opposing due to change of circumstances since the PO been granted
Asma
Expert:  Harris replied 1 year ago.
Thanks - it is not helpful that none of the other parties are supporting your position, but it will be for the judge to decide.
Customer: replied 1 year ago.
Opposing of adoption is the first stage the welfare check list.
Will judge go in their favor?
My boys been with the Prospective adopters for only one year will this be hard for me because boys have settled?
Asma
Customer: replied 1 year ago.
Hi Harris
I do feel let down my system
I wonder why they refusing an assessment
I think it's very unfair
I am worried the judge will supprt the LA plan
Asma
Expert:  Harris replied 1 year ago.
The judge will have to make a decision on the evidence presented in the case and I can understand your worry that the judge will agree with the LA's plan, but as has been said previously you have reached this stage and you have said you feel you have done all you can to change your life and this is what needs to be demonstrated to the court.
Customer: replied 1 year ago.
Hi Harris,
How do I demonstrate all this without giving oral evidence. I am really anxious giving evidence I am worried I will say wrong Answers
If I could just demonstrate by giving submissions it would be easier
I don't want what say so it's documented for ever
I would rather give submissions
After all this what would be best option for me?
Asma
Expert:  Harris replied 1 year ago.
If you do not think your oral evidence will help you then submissions will be the best option and this is for you to decide. However, the judge may want to hear from you directly in any event.
Customer: replied 1 year ago.
Hi Harris
If I am not successful then il appeal
Judge I feel will be biased
I will do my best prepare well
Asma
Expert:  Harris replied 1 year ago.
Good luck Asma.
Customer: replied 1 year ago.
Thank you very much.
Thank you for your guidance
I will let you know the hearing is next Friday
Asma
Expert:  Harris replied 1 year ago.
Thanks - please rate my response positively so that I can be credited with answering your question.
Customer: replied 1 year ago.
Hi Harris
I am really anxious petrified to give oral evidence
How can I manage my anxiety and fear?
I dony what's best
It's the judge petrifies me
Asma
Expert:  Harris replied 1 year ago.
You should discuss it with your representative who will be able to advise you whether you should proceed with oral evidence or not. In the event that you are required to give evidence, it would be best not to focus on the judge, and rather on the questions that are being asked and that you are doing this for your children.
Customer: replied 1 year ago.
Hi Harris,
I know my son will be care of his father's but I can explain Court my son 18 he is independent he can care for himself or my son could live with me if it's ordered imprisonment for ex husband.
Ex will not pay my settlement he will make excuse
But it's in order for to transfer house to my sole name he has failed to
Do you think judge will consider enforcement prisonment?
Asma
Expert:  Harris replied 1 year ago.
It will depend on what your ex-husband's reasons for not complying with the directions. In the event that there is no imprisonment, the court can consider fining him.
Customer: replied 1 year ago.
Hi Harris,
August 2015 he negotiate to pay 60k in 30 days he failed
We applied again court ordered 3% interest on the settlement since September 2015.
We applied again ex said he couldn't pay money he will transfer his brothers house in my sole name by 12-02-2016.
My conveyancing solicitor has not recieved any documents from ex or his brother deeds contracts etc.
Ex was ordered on 13/01/16 to transfer the house by 12-02-16 he still failed
What else can the judge do if ex is already been ordered?
Asma
Customer: replied 1 year ago.
Hi Harris,
What would be next stage?
Asma
Expert:  Harris replied 1 year ago.
You will need to return the matter to court for contempt proceedings given that he has failed to comply with the previous order.
Customer: replied 1 year ago.
Hi,
Can I penal notice be added in the order?
Asma
Customer: replied 1 year ago.
Hi could the judge order the land registry to transfer house in my name.
Judge is not able to do this what can I do in order for the property to be transfered in my name if ex is not complying?
Committal imprisonment?
Asma
Expert:  Harris replied 1 year ago.
Yes, a penal notice can be attached to any future orders.
I do not think the judge can sign the transfer of the property to your name as it is in your brother in laws name and he is not part of these proceedings.
Customer: replied 1 year ago.
Hi Harris,
I understand what you mean. He agreed to pay 60k plus interest. If ex cannot transfer his brothers name to my name
Judge cannot order to transfer the house.
What other way could I recover my settlement?
Asma
Expert:  Harris replied 1 year ago.
Your ex-husband offered the £60,000 as he would have had to have that amount at the time of the offer. He will need to disclose his financial documentation to show where that money is or has gone so that the court can consider this.
Customer: replied 1 year ago.
Hi,
Ex husband his got his own house plus the 2 properties in his brothers name.
But I have always said 3 properties are ex husbands he only used his brothers name to defeat my claim.
Final hearing ex agreed to pay 60k to avoid being cross-examination.
In August settlement was agreed we in February now we not been able to recover the settlement.
Prison sentence will still not help me get my money
Asma
Expert:  Harris replied 1 year ago.
Why was his home not considered in relation to the sum that he has to pay you? The court can look at this asset and see if this should be taken into consideration.
This issue has extended beyond the scope of your original question and has covered two different issues. Please can you rate this positively so that I can continue assisting you and so that I can be credited for my responses.
Harris and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Harris,
September 13 he taken 21k from the matrimonial home pay for another property in his brothers name.
Also in June 14 he taken another remortgage of 37k he dissipated back abroad
His taken 52k remortgage from matrimonial homeWhen we raiser all these questions he wanted to be avoided being cross examined he willing agreed to pay 60k
August 15.
We came to negotiation but he still failed
My fear settlement of 60k will not be recovered by himI feel the two houses in his brothers home will go to fraud team
I will lose out
Asma
Customer: replied 1 year ago.
Hi Harris,
Are you online?
My case has gone really messy. What else coulf I do to recover the settlement?
Asma
Expert:  Harris replied 1 year ago.
You will need to restore the matter to court due to his non-compliance with the order and ask the court to review the previous settlement
Customer: replied 1 year ago.
Hi Harris,
If I give submissions only regarding opposing adoption orders for my two boys.
Will this go against me?
I feel I am being forced to give oral evidence
I just want to give submissions what ever will be will be.
I am being forced to do somthing I do not want to do.
If my submissions it does not go in my favour can I next stage appeal?
Asma
Expert:  Harris replied 1 year ago.
As previously stated, if your representatives think that your case can be made on submissions then they will not call you to give evidence. It will not necessarily go against you not to give oral evidence.
If you are not successful the judge will outline the reasons and you will need to consider if there are any grounds to appeal the decision.
Customer: replied 1 year ago.
Hi Harris, my legal rep advice is to givr oral evidence.
I will not succeed only on submissions.
I have no choice but to be cross examinedIf on the day somthing arises then I can change my mind
Asma
Expert:  Harris replied 1 year ago.
OK, hope it goes well.
Customer: replied 1 year ago.
Hi Harris,
My legal rep advised I havwill choice up to me wether I do submissions or oral evidence.
But what I do I will do my best
To be considered to reassess me full parenting assessment
I can oppose the adoption
What does welfare stage mean?
Of the opposing adoption stage?
Asma
Customer: replied 1 year ago.
Hi Harris are you online?
Customer: replied 1 year ago.
Hi Harris
Judge refused my application the judge was really biased
Can I appeal?
Asma