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.
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What are the exact terms of the current court order - you are able to attach it here if you have access to it.
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.
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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.
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.
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)
What do the chidlren want?
Has a Section 7 report been ordered?
At this stage you wait.
The Section 7 report is the key here - once you have that the way forward will be clear.
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
You are most welcome - and Derby have some of the best CAFCASS officers in the country!