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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34581
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I served my wife with a penal notice to file her form e and

Customer Question

Hii served my wife with a penal notice to file her form e and attend court for our first financial hearing on the 11th of october.she failed to file her form e within 7 days as ordered ,then attended the court on the 11th 1 hour late but after reporting to the court clerk of her presence she disappeared and left the building without any notice.the judge nor i was happy at all as she showed in my opinion complete and utter contempt to a very serious legal order.i then handed an application for enforcement of the penal notice for the imprisonement to the court ,they gave it straight to the judge .During the hearing i askedthe judge to "please make my wife comply" he said dont worry i have no problem doing that.My question is what will happen next ,wht will the judge order against my wife so that i can be ready for it
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Hello again

You have done very well indeed

You have applied for a Penal Order.

This means that you have applied for her to be sent to prison.

At the hearing if your ex does not attend then a Warrant for her arrest will be issued.

If she is there she will be given one last chance to comply - and then taken to the Cells.

All you will have to do is show that the Order was made and served on her and she has failed to obey it

Please ask if you need further details

Customer: replied 1 year ago.
Hi I had obtained the penal order already on the 16th August and served her personally on the 27th of September. She failed to comply within 7 days ie by the 4th of October.our hearing was on the 11th of October to which she did not attent.
Does this mean an arrest warrant will already be issued?
Expert:  Clare replied 1 year ago.

no I am afraid not.

The Penal Order was made, you are now applying to enforce it.

The hearing on 11th October was NOT the enforcement hearing - that will be on another date

Customer: replied 1 year ago.
HiWith regards ***** ***** previous questions,that my wife being served with a penal notice on the 27th of September and igonoring it ,i have applied for it to be enforced and i am waiting for a decision which i am sure will come and be accepted as my wife on our divorce financial hearing on the 11th attended the hearing and hour late,after waiting for 5 minutes she left without any word.The judge noting this has ordered her to file her form e "forthwith" and answer the following questions.1.Why she has not complied so far
2.Why she attended the court hearing late
3.Why she leftI do not know what my wife will do or answer but i do know the truth which i very much doubt she will tell the court.The truth is my wife gave birth to 2 children one is now aged 3 and the other aged 2,both the children she has registered her new boyfriend as the father on their birth certificate.She and her boyfriend has knowingly done this purely to keep me away from the children and to keep me out of of their life for good.I know the children are definitely not biologically related to her new boyfriend because they met after the conception of the second child so there is absolutely no chance her new partner is the father.To stop me from finding out the status of both the children whether they are mine or someone elses as me and my wife were although living apart we were regularly having sex during conception of both the children and furthermore my wife always told me she was not sleeping with anyone else.She met this new partner while she was pregnant with the second child and it all changed,she blocked me out her life and registered both the children as her new partner as the father.They have now realised the stupidity of their decisions and completely evading the civil divorce case as i want to know the status of both the children and ask the court for a DNA test as part of my divorce.I have been advised that once she files her form e i have a right to ask for clarification of anything that i think she is not being truthful about.One of these things is she will say her new partner is tha biological father when i know for sure he is not.Do i have a right to ask the judge for this clarification and what do i say? Our next hearing is on the 27th of October and the judge has ordered her to attend and answer the 3 questions,with the penal notice being ignored also she has run out of any favour with the court.
Customer: replied 1 year ago.
The two children are already on my form e as myself being the father as i have a very strong feeling that i was the only person my wife was sex with ,she always told me this during the conception of both the children.This changed after she met her new partner.Her new partner is very dominating and violent also.He has threatened me many time to keep away from my wife and the children and assaulted me physically,even in court he threatened me on the 11th of October ,the court file has a note of this.My wife cannot do anything because she is scared of him but she will not take any action against him so she does what she is told by him.He has illegally and knowingly made my wife register the children in his name just to keep me away from having any contact whatsoever with my wife because of jealousy.She is completely under his control.
Customer: replied 1 year ago.
What do you recommend i do to solve this best way i can through my divorce case? To make known the status of the children and show he is not the father and also to save my wife possibly from a violent relationship,i am also concerned for the welfare of the children but i cannot do anything until i have got the court to prove that he is not the biological father and that perjury and fraud has been committed in registering both the children knowingly false on the birth certificates
Customer: replied 1 year ago.
The judge who oversaw the last session on the 11th of October has reserved our divorce case to himself for the next hearing on the 27th ,my opinion is that the reason he has done this is because he has seen that there is something wrong and made his opinion and wants to know .Should i also write to the court a letter to the judge named and explain my feeling and what i know,i know if i did write i would be telling the truth so i have no worry for untruths .The judge upon reading my letter would know what is going on and would find out from my wife with questioning her .Do you think this is advisable ?
Expert:  Clare replied 1 year ago.

The Judge has reserved it to himself because of the Contempt of Court .

You cannot ask the Court to Order a DNA test as part of the Financial issues - they will not be interested in who is the biological father - the only difference is that if you are the father of the children she has a better chance of getting a better capital settlement from you.

If you wish to resolve the parentage issue then you need to make as separate applictaion to the family court for either a Declaration of Parentage, and then follow it up, if necessary, with an applictaion for contact OR go straight for a Child Arrangement Order using a form C100 and ask for a DNA test within that application

Customer: replied 1 year ago.
I applied for a declaration of parentage but neither my wife or her boyfriend turned up to court and it got turned down so shall i apply for Child Araangement Order using C100 and ask for a DNA test within the application and what if my wife and her partner does not turn up to the court hearing again ?
Customer: replied 1 year ago.
I really need something that will order a DNA test so is it the c100 ?
Customer: replied 1 year ago.
should i get a solicitor to apply for this if its complicated i do not want it to go wrong this time
Customer: replied 1 year ago.
or can i apply again for declaration of parentage with new information or can you only apply once ?
Expert:  Clare replied 1 year ago.

Which form did you use for the Declaration of Parentage?

What reason was given for dismissing the application - non attendance would not have been enough

Customer: replied 1 year ago.
it was a form called c63https://formfinder.hmctsformfinder.justice.gov.uk/c63-eng.pdfThere were several reasons,the application form was sent back to court as return to sender meaning no one in the name of my wife lives at the address i provided to court and also that i stated i was not 100 % sure if i was the father and wanted a dna test but i did not attach any request for a dna test as you just advised ,they were the reasons given for dismissing
Expert:  Clare replied 1 year ago.

Time to try again

This time you use a C100 to apply for contact with the children say that you do not have an address for her and ask the court to order the DWP to release her address TO THE COURT for service.

Customer: replied 1 year ago.
Oh great ,i will try thisand finally you mentioned asking the court for a dna test within the application ,how do i do this or shall i not at this stage? my wife and her partner are very dishonest and will try to lie their way out of it so i would like to make sure as much as i can i have the court on side or at least them to not be able to cheat their way out
Expert:  Clare replied 1 year ago.

Once the application is issued then at the first hearing you ask for a DNA test

Customer: replied 1 year ago.
omg thank you so much ,i cant explain to you how hopeful you made me feel ,i have no result but i have hope .i know for sure neither of the children are her new partners and i am sure the first child is definitely mine .I have downloaded the c100 and will fill it in tomorrow .i cant wait to see my children
Expert:  Clare replied 1 year ago.

I hope it goes well

Clare and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
HiI was advised to fill a form c100 regards ***** ***** born into my marriage .Page 4 of the form where it has question 2.Requirements to attend Mediation,question 2d Have you attended a MIAM ?
the answer is No i have not attended yet but it says if the answer is NO i cannot make this application?What should i do to satisfy this criteria please so as i can make this application ?
Expert:  Clare replied 1 year ago.

You are using the exemption 13e