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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33319
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband ex partner breached court order 3 times we took

Customer Question

My husband ex partner breached court order 3 times we took her back to court and the judge put contact with the children again but on different times and weekends so we had to apply back to court to get this changed. We where in court yesterday and my husband asked what consequences are being put in place for her breaching court order? the judge said nothing its been and gone
please can you help with this surly this isn't right?
my husband missed out on seeing my children for 2 months! nothing has been done to make up for the time I lost.
In fact when we where in court yesterday to switch the weekends back to the original calendar we have in place they took another weekend away from me.
Bit of back ground we took his ex back to court 7 years ago and gained access to the children every other weekend and half school holidays, she has massive communication issues and we have NO contact with her or the children in the week,
She suddenly stopped them coming so we applied back to court.
Submitted: 5 months ago.
Category: Law
Expert:  Harris replied 5 months ago.

Hi, thank you for your question. If there is a warning notice attached to the order (all child arrangement orders should have this now), then you will be able to make a separate application for enforcement using fo C79 and a £155 court fee and the court can consider whether it is appropriate to impose fines, community work or imprisonment. If she continues to not have contact, no-one can force her to, but you should also consider applying to court to vary the order again to decrease contact as it is not im the children's interests for her to keep missing contact.

I hope this assists. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Customer: replied 5 months ago.
the order has a warning notice on there
We already applied back with a c79 form and asked the judge whats going to happen with the breach of court orders and she said nothing its been and gonewe would like to gain full custody we don't feel the children have a good enough home and she mentally abuse the children and used them as a weaponcould you advice me how to do this
Expert:  Harris replied 5 months ago.

What are the exact terms of the current court order - you are able to attach it here if you have access to it.

Customer: replied 5 months ago.
h
Customer: replied 5 months ago.
2
Customer: replied 5 months ago.
3
Expert:  Harris replied 5 months ago.

Thank you for providing these. As you do not have a "Residence Order" in place you can pursue an application under Form C100 and a £215 court fee to the family court for one - they are now called Child Arrangement Orders (for where a child is to live). At the same time you can apply to vary the contact arrangements if they are not being complied with. A court will assess whether it is in the children's best interests to have the orders made - and in relation to the residence, this will likely only be made if it will benefit the children - for example if the respondent is attempting to destabilise their placement with you then this would be good grounds to have an order made.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Customer: replied 5 months ago.
Could you tell me how much roughly you would cost to represent us in court? and try to get us full custody or slight changes to the order to allow more contact/communication with our children.
We have allot of reasons why she shouldn't have them full time (mental abuse towards them, using them as a weapon etc)I would love to send you full story for you to see exactly what's happening
Expert:  Harris replied 5 months ago.

Thank you - costs in these matters are difficult to predict, but as a general rule of thumb, up to and including the first hearing would likely costs anywhere between £1500-3000.

Customer: replied 5 months ago.
Thank youWe have never had a solicitor due to the cost and done it all our self but now it seems to not be working
Especially with the judge not punishing her for the breach of court order
There is nothing stopping her doing it again!And now we need more knowledge to push for more contact.Could you tell me what I need to do to go from the contact we have to full custody?What would the judge/cafcas want to see?Can we ask to change the judge?
Expert:  Harris replied 5 months ago.

You would initially need to attempt to mediate to reach an agreement - if mediation is not suitable or does not progress you will be able to apply to court under form C100 to vary the current order and to apply for "custody".

The judge would want to check the legal criteria previously mentioned and see that it is in the children's best interests that the order is made.

Expert:  Clare replied 5 months ago.

My name is ***** ***** I know the Derby courts well.

So far as the court is concerned enforcing a Consent Order is not about "punishing" the offender but about re-establishing contact as soon as possible - this is what the Judge meant when she said that matters had moved on

Only where there are repeated breaches are the community service/imprisonment options ever considered - and again only where there is a chance that this will solve the problem.

There is no point at this stage in applying for a Child arrangement order stating that the chidlren live with their father UNLESS the eldest child is saying that this is what she wants.

There is no longer any legal concept of Custody - it disappeared in 1989 and two years ago its replacement "residence" was also replaced with the "Child Arrangement Order"

Given the Order that is currently in place you shoudl be looking to change the order so that you collect form school on a Friday and have the chidlren until school on a Monday and also ask for one night in the week - but again only if the children want this.

Whilst it is lovely that you see the children as being yours as well do NOT use "we" and "our"in court or in front of the CAFCASS officer.

I am uncertain as to whether or not there is to be a further hearing - if so then there are some possible options in dealing with the court and with CAFCASS (and no you cannot change the Judge)

Customer: replied 5 months ago.
Thank you Claire
We had a meeting with cafcas yesterday and she has suggested that the contact moves forward to collecting them from school etc so that's great to hear your thinking the same thing.We will be back in court two more times before this is settledWe just are really unhappy with the judge we have as she wasn't professionalAn example is
She said you refused mediation which Johns reply was no I did I wanted it to. Her reply was well you would wouldn't you as that benefits you.
It was very unprofessional the way she spoke to my husband
Alls he wants is to see his children and for something to be done about his ex mentally abusing them
Expert:  Clare replied 5 months ago.

What do the chidlren want?

Customer: replied 5 months ago.
They want to live with us but there only 8 and 13 and very scared of saying anything as there mother pressures themcafcas are speaking with them soon which i don't know if it will make any difference as they will be too scared to say anything incase there mum hears
Expert:  Clare replied 5 months ago.

Has a Section 7 report been ordered?

Customer: replied 5 months ago.
that's in a few weeks
Expert:  Clare replied 5 months ago.

At this stage you wait.

The Section 7 report is the key here - once you have that the way forward will be clear.

Customer: replied 5 months ago.
thank you that's what I am hoping
Expert:  Clare replied 5 months ago.

Once you have that ask for me and we can look at the way forward in terms of what it says, who prepared it (important) and what you do next

Customer: replied 5 months ago.
Thank you very much
Expert:  Clare replied 5 months ago.

You are most welcome - and Derby have some of the best CAFCASS officers in the country!

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