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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 866
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I've recently been to court to have an enforcement order

Customer Question

Hi, I've recently been to court to have an enforcement order applied to a contact order, the judge didn't apply an enforcement at the time pending a further hearing at a later date, until then the judge has said that my ex and I have to comply to the current contact order. My ex has broken the order twice since then by denying me access, do I need to inform the court now, if so how, or do I wait until the further hearing that isn't for another 6 weeks.
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer.
Thank you for your question.
I am a Solicitor and will assist you.
I am sorry to hear about the difficulties that you are experiencing in relation to your ex not complying with a previous contact order. I note that you have issued a further application at court and the first appointment has been listed.
Whilst in proceedings you can use Form C2 - that being an application within proceedings requesting an urgent hearing in a change of circumstances however in reality the Court is unlikely to make an orders whilst the safeguarding checks from Cafcass are still outstanding.
Kind Regards
Caroline
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Customer: replied 1 year ago.
Thank you for your quick response.So for the moment do I just have to accept that I won't get to see my son? I don't want my ex to think she can keep getting away with doing what she wants and ignoring the contact order up until the next hearing at the end of October, is she likely to be held accountable for her actions if I don't fail to mention it to the court until the next hearing?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
You need to document your attempts and the denials made.
If a court is satisfied beyond reasonable doubt that there has been a breach of a contact order, and that there is no reasonable excuse for the breach, they may make an enforcement order. The court can order a fine, unpaid work or even review the residence position.
Whilst courts are often unwilling to sanction for breach for persistent breaches without reason they eventually will.
Perhaps she thinks you will give up - you need to persist.
Kind Regards
Caroline
Customer: replied 1 year ago.
Thank you for the advice Caroline.Just one more question........is my ex partner allowed to tell my sons school that I can't collect him from school?
Many thanks, Pete.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Do you have parental responsibility? Did the court order state that you could collect your son from school?
Kind Regards
Caroline
Customer: replied 1 year ago.
I have shared parental responsibility but the contact order was written before he went to school. The school know I'm his father because I've been to see them.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
With parental responsibility then you can collect him BUT if you tried to do so now without a court order then your ex might make an urgent application to the court for a prohibited steps order - this really wouldn't help your case
You need to raise this as an issue in your forthcoming proceedings - explain you would like to be involved in your sons schooling - also ask for permission to disclose a court order to the school so that they know you can collect - this will help all round as your ex will then have less opportunity to refuse contact if you are collecting from school and school know that you can collect
Kind Regards
Caroline