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Ask Harris Your Own Question
Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2729
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have a court order in place arrangement it was

Resolved Question:

i have a court order in place for child arrangement
it was agreed on 25th January and part of it was a confirmed pick up and drop off place as there had been previous drama at the collection point near there house
the children's mother refused point blank to take the children to the agreed drop off, both on the collection or to turn up at the drop off point which meant I had to drive them near their house
it caused the children undue stress as their mother was shouting and swearing in their company
please advise what the court can now do and how long should it take to try to get this enforced for their next visit
their mother said that she doesn't care what the court says she will never take them to the agreed collection point
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.What is the exact wording of the order and was the handover mentioned as an agreement between you (eg. Stating in the order Upon parties agreeing that handover is...) Or was it ordered by the court. When is the next contact session and when is the next court hearing?
Customer: replied 1 year ago.
The court orders
The children shall be collected and returned at Lymme ServicesThere are no planned contact sessions or hearings
Expert:  Harris replied 1 year ago.
What are the arrangements for you to see the children?
Customer: replied 1 year ago.
The arrangements are based on mutual agreement - the arrangement was agreed - this is about what happens if she does not drop the children off at the agreed drop off point, not to do with the arrangement.
Expert:  Harris replied 1 year ago.
Thank you - given that the court has made an order regarding the handover location the mother is in breach of the order if she does not comply with it. You will need to check if there is a warning notice attached to the order - it will say something similar to "where a child arrangements order is in force, if you do not comply with this order...". These are automatic with orders granted after 2008 but please double check you have one. So long as it states this you can apply for enforcement of the order under form C79. If it does not have the warning notice attached, you will first need to apply for a warning notice under form C78. The fee is £155 for each of the applications. The applications should be submitted to the family court which issued the child arrangement order. It will likely take 1-2 months to obtain a hearing for an enforcement application. Please provide a positive rating if you found this information helpful. I will not be credited with answering your question without a positive rating. Thank you
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Customer: replied 1 year ago.
Thank you very much for your help. Is there any way to get any of these fees reimbursed as it is costing me a fortune just to see my children and she is deliberately making it very difficult.
Expert:  Harris replied 1 year ago.
You will have to initially pay the fees, however in the application you can request that she pays for your costs given that she is not complying with the court order. Furthermore, if you are on a low income and with low capital then you can apply for a fee exemption under form EX160. You can check here to see if you can apply for remission - https://www.unipol.org.uk/getmedia/bc3552fd-761b-423d-8ce4-1073e9b3f47b/ex160a-eng.pdf.aspx

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