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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 6082
Experience:  Barrister at law
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I am seeking advice whether to apply for breach of court

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hello,
JA: Hello. How can I help?
Customer: I am seeking advice whether to apply for breach of court order in ancillary relief (non compliance by my husband) and how to do it
JA: What steps have you taken? Have you filed any papers in family court?
Customer: I have been negotiating with him and made court aware of his breach by emailing the judge
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Manchester civil justice centre lv18do6260 judge Repth
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Ralph
Customer: replied 16 days ago.
the husband (English barrister) failed to transfer property in the Czech Republic to me by the 1/5/2020 as per court order dated 19/3/2020. I am acting in person and was previously represented by Irwin Mitchell. I made husband aware on 9/4/2020 that I issued notice of acting and was representing myself from that date. I sent him at that time known to me draft order stating the transfer of property has to be conducted by him by 1/5/2020. I have to release him from mortgage by 1/8/2020. He ignored my emails. on 11/5/2020 I made him aware of his breach and informed him I will be informing the courts which I did. The husband drafted a letter and google translated, no notary compliance with signature either. Now he is saying that he wants me to pay half of the costs of translations and his expenses otherwise matter goes back to court. He has threatened me previously because he knows it causes anxiety and I give in. He is alive of the knowledge as of few days ago that I have an offer to reduce mortgage drastically but there is a potential time limit. It is my belief he is trying to cause delay and damage, I made him aware of potential damages £200-300 over number of years of the mortgage. I gave up his alpha pension as I did not want to deal with him any more. He is arguing the judge did not foresee expenses for translation on his side by transferring and these should be shared (overall costs around £300 max). My argument is my expenses for releasing him from the mortgage are far greater in excess of £2000 - translation and certifications. In my view he breached court order by not transferring property by 1/5, he made no enquiries with the authorities, no enquiries for translation or notary. He argues the onus on me to provide him with relevant documents in order to transfer because I am Czech and know Czech law. I speak Czech but don't know Czech law. We both purchased the Czech property and he is aware of the process of translating, certifying and notary confirming signature. How shall I best address the issue? To say he is an awkward bugger is an understatement. I am also in two minds to report the breach to his employer, ministry of defence, it is outrages he would be breaking law and trying to wiggle out of court order. He already broke court order to pay for half translation in Nov 2019, all documents were provided to him, no money arrived despite him saying he will send it. He has had our son over corona as my solicitor negligently disclosed our address (there was a police investigation in the background over last two years of domestic abuse and sex abuse), he threatened me indirectly if I don't allow contact (I provided him with video of our child being ill) we will go back to court and he will make me pay for it, I reported to the police, they did not recognise the threat, and said he just wants to see his son, he has had him for last 7 weeks, I do facetime but I am aware once I have the child I am making myself more vulnerable and prone to threats again. He has made report to social services previously which was closed as malicious report, I would not be able to prove it was him. Whilst he is holding my son, he is making it difficult to transfer the house. He started using the child and started negotiating custody which is ordered by court for the child to live with me and have contact with father. The judge reassured me the child will not live with the father. Father makes it difficult for me to live normal life and presents a constant indirect threat. The main issue is the property but there is an obvious background.
Customer: replied 16 days ago.
potential damages £200-300/month for number of years. I gave up £100 000 of his pension. The judge is aware of this

Hello, my name is ***** ***** I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

The order is very brief, and clear about the obligations.

If the obligations under the order have not been met, there has been a breach.

There's no suggestion in the order that you should contribute to the costs of him fulfilling his obligations under the order either.

A general enforcement application is made on form D50K and costs £50 to file, see here:

https://www.gov.uk/government/publications/form-d50k-notice-of-application-for-enforcement-by-such-method-of-enforcement-as-the-court-may-consider-appropriate-family-procedure-rules-2010-rule

I hope this assists?

Customer: replied 16 days ago.
hello, is anybody there? I need to call the court and make an application to the court today

Hello - I provided a reply to your question this morning at 7.35am. Did you receive that reply?

Customer: replied 16 days ago.
I m looking for it, cannot see it on justask
Customer: replied 16 days ago.
got the reply thank you
Customer: replied 16 days ago.
that is correct, there is no suggestion on court order about sharing the costs. His argument is that the judge did not foresee costs of him transferring property and had he himself foresee it, he would have asked for it or the judge would have put such costs in place in the first place.
Customer: replied 16 days ago.
in my mind, whilst there might be scope for judge's intentions, the order is clear. I am aware though from what I read that in family proceedings, when coming back to court with breach of court order, the judge can exercise discretion. I do not want to be on the wrong side of her discretion. As my ex is going to argue he tried (after the order was breached) to meet half way as he calls it and offered me to pay half translation costs. He is also putting the onus of informing him how to transfer property and communication with Czech authorities on me because I am Czech. is the judge not going to see it as lack of cooperation from my side? I tried to assist him by suggesting looking for translation company. Their services are fraction what I would charge for my interpreting services here in the uk

The order is clear. Of course he would have foreseen costs, you say above he's a barrister!

He is in breach, it's his obligation to complete his part of the order, it's your obligation to complete yours.

He can argue what he likes but you contributing towards this (actually relatively small) cost is not in the order. My view is he won't succeed, but obviously others may take a different view.

Can I assist further today?

Customer: replied 16 days ago.
I m filling the form. It is for missed payments not transfer of property....
What is the usual response time.
Furthermore, is this going to affect his job? Getting a caution by ministry of defence? He s been coutioned previously twice - how serious is this breach? I understand it s not reported automatically?
Customer: replied 16 days ago.
He was previously cautioned for failing to disclose bankruptsy prior to us meeting, and me making report to police to protect myself & children. If he gets caution, he will turned even more vicious....he doesn’t have long to go to retirement. I don’t want our son to get caught up, and myself being blamed
Customer: replied 16 days ago.
He works as public defence barrister, job he secured upon his bankruptcy for security of job reasons
Customer: replied 16 days ago.
I am not sure my questions have been received
I am sending from two devices and the screen is not updating. Did you receive my question relating payment/property - reg form recommended by you and issue two issue of caution by an employer to the one who breaches court order.

The form is a generic form for enforcement. If you want to make a specific application use a D11 application form, see here: https://www.gov.uk/government/publications/form-d11-application-notice

The D11 costs £155 to file.

As to the issues with his employer - I cannot speak to that. There is no automatic issue going to be caused by a successful enforcement application though, as far as I am aware. His employer may have a different view.

Thank you.

Customer: replied 16 days ago.
Can I apply for the costs as part of D11 form?

Yes. Your order that you are seeking is item 1, then costs of the application as item 2.

Customer: replied 16 days ago.
Thank you

My pleasure.

If you do have further questions, you can always come back to me.

In the meantime, before you go today, if you could take just a second to provide a 5 star rating (at the top right of your screen), I'll be credited by Just Answer for my time spent responding to your question for which I'd be very grateful. Without the rating I'm not paid by the site, so your rating is important to me.

Kind regards,

Peter

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